Moss v. State

UPCHURCH, Chief Judge.

Jay Moss appeals a judgment and sentence after he was found guilty of one count of kidnapping, one count of first degree murder and two counts of robbery with a deadly weapon.

The first two points are without merit. In the third point, Moss contends that the mandatory minimum sentences of three years on the robbery counts imposed under section 775.087(2)(b), Florida Statutes (1985), were improper because the jury did not find that he possessed a firearm during the commission of these crimes. We agree.

Section 775.087 provides for a three year minimum mandatory sentence for…