Johnson v. State

Johnson appeals his judgment and sentence following a conviction of aggravated assault and armed robbery. Appellant’s first point is without merit and we affirm. However, his second point, alleging that the trial court erred in sentencing him to an indeterminate sentence of not less than three years nor more than life and in indicating that the three-year mandatory minimum sentence applied for use of a firearm, requires reversal.

The evidence at trial indicated one of two robbers actually possessed a firearm. The evidence wholly failed to identify Johnson as the robber possessing the gun. The…