Legal Opinion

Earnest v. State

District Court of Appeal of Florida

Decided February 15, 1977No. CC-365PublishedCited by 3 opinions

1Opinion of the Court

SMITH, Judge.

Appellant’s most substantial point is that the trial court erred in holding Section 775.-087(2), Florida Statutes (1975), requires a minimum three-year sentence and in sentencing appellant accordingly. Appellant was tried and convicted on an information charging robbery in which “the said defendant carried a firearm.” There was competent evidence appellant participated with another in committing the robbery and that the other, in appellant’s presence and with her approval, carried and displayed a firearm. Appellant’s conviction of armed robbery was not predicated on her personal…

2Cited by3 opinions

  1. Earnest v. StateSupreme Court of Florida · 1977
  2. Johnson v. StateSupreme Court of Florida · 1977
  3. Clark v. StateDistrict Court of Appeal of Florida · 1977

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