Palmer v. State

ON MOTION FOR REHEARING

We grant Kevin Palmer’s motion for rehearing, withdraw our per curiam affirmance issued January 21, 1997, reverse Palmer’s sentence, and remand for resentencing.

Palmer appeals from the sentence imposed upon resentencing following his prior appeal from a conviction of aggravated battery with a firearm. See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996) (Palmer I). He correctly contends that it was error to sentence him to a minimum mandatory eight-year prison term on the basis that he utilized a semi-automatic weapon when the information charged and the jury’s…