Legal Opinion

Leonard v. State

District Court of Appeal of Florida

Decided September 27, 1995No. 94-2903PublishedCited by 3 opinions

1Per curiam

We affirm the judgment of conviction adjudicating Appellant Lawrence Leonard guilty of armed robbery with a firearm and armed burglary with assault and battery. We affirm that part of appellant’s sentence imposing concurrent nine-year terms of imprisonment, but reverse the imposition of a three-year mandatory minimum prison term for possession of a firearm during commission of the armed robbery. The absence of a jury finding that appellant had a firearm in his actual possession while participating with others in the armed robbery offense precludes imposition of the mandatory minimum penalty.…

2Cases cited3 opinions

  1. State v. OverfeltSupreme Court of Florida · 1984
  2. Hill v. StateDistrict Court of Appeal of Florida · 1995
  3. Rivas v. StateDistrict Court of Appeal of Florida · 1991

3Cited by3 opinions

  1. Redd v. StateDistrict Court of Appeal of Florida · 1996
  2. State ex rel. Garrison v. StateSupreme Court of Louisiana · 2004
  3. State ex rel. Lamare v. StateSupreme Court of Louisiana · 2005

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