Legal Opinion

Akins v. State

District Court of Appeal of Florida

Decided February 7, 1979No. 77-2489PublishedCited by 2 opinions

1Per curiam

This is an appeal from a conviction and sentence for manslaughter. The appellant claims that the proof of identity of the victim was insufficient and that the imposition of a mandatory three year minimum sentence under Section 775.087, Florida Statutes (1975) was error. We find the evidence sufficient as to the identity of the victim. However, Section 775.087, prescribing a mandatory minimum sentence of three years for certain offenses when a firearm is involved, does not apply to manslaughter. Jones v. State, 356 So.2d 4 (Fla. 4th DCA 1977). Accordingly, this cause is reversed with…

2Cases cited1 opinion

  1. Jones v. StateDistrict Court of Appeal of Florida · 1977

3Cited by2 opinions

  1. Freeney v. StateDistrict Court of Appeal of Florida · 1986
  2. Arnold v. StateDistrict Court of Appeal of Florida · 1982

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