State v. Millett

The state appeals the sanction of community control followed by probation imposed on William Millet pursuant to his plea of nolo contendere to possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993). It contends the trial court erred in not imposing the five-year minimum mandatory term of imprisonment required by section 790.221(2).1 Millet concedes the error based on McKendry v. State, 641 So.2d 45 (Fla.1994). Accordingly, we reverse Millet’s sentence and remand for further proceedings.

In McKendry, the supreme court held that section 948.01, Florida…