Turpin v. State

ERVIN, Judge.

We reverse the trial court’s denial of Turpin’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Although Turpin pled guilty to armed burglary and agreed to a prison sentence with a mandatory three-year minimum for use of a firearm, this did not constitute an admission that he was in actual possession of a firearm. Bell v. State, 589 So.2d 1374 (Fla. 1st DCA 1991). A defendant must actually possess the firearm during the crime to be subject to the minimum mandatory. Earnest v. State, 351 So.2d 957 (Fla.1977). The trial court did not inquire at the plea hearing…