Legal Opinion

Sullivan v. State

District Court of Appeal of Florida

Decided May 27, 1992No. 91-02940Published

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

  1. Coleman v. StateDistrict Court of Appeal of Florida · 1986
  2. Simmons v. StateDistrict Court of Appeal of Florida · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API