Sullivan v. State
District Court of Appeal of Florida
1Per curiam
Appellant raises four points on appeal. We find merit, however, in only one. Appellant argues that the trial court erred in imposing a three year minimum mandatory sentence for the possession of a firearm. We agree. Possession of a firearm by a convicted felon is not one of the enumerated offenses in section 775.087(2)(a), Florida Statutes (1989), which requires a minimum mandatory sentence. Coleman v. State, 496 So.2d 896 (Fla. 2d DCA 1986); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). Therefore, we remand for resen-tencing in conformance with the oral pronouncement. The trial court…
2Cases cited2 opinions
- Coleman v. StateDistrict Court of Appeal of Florida · 1986
- Simmons v. StateDistrict Court of Appeal of Florida · 1984