McCollough v. State

Kenneth Wayne McCollough has appealed from the imposition, pursuant to section 775.087(2)(a), Florida Statutes, of a 3-year mandatory minimum term for possession of a firearm during a burglary. We reverse and remand for resentencing.

Section 810.02(2)(b), Florida Statutes, makes burglary a felony of the first degree if, in the course of committing the offense, the offender “is armed, or arms himself within [the] ... structure, with explosives or a dangerous weapon” (emphasis supplied). The statute defines neither of the highlighted terms. McCollough was charged by information with “burglary…