Jenkins v. State

This cause is before us on appeal from judgments and sentences following jury trial for two counts of attempted manslaughter and one count of aggravated battery. Appellant was sentenced to three years’ incarceration followed by five years’ probation on each count, the sentences to run concurrently. The trial court further ordered on each count concurrent three-year minimum mandatory sentences pursuant to Section 775.087(2), Florida Statutes.

Appellant correctly contends, as conceded by the State, that attempted manslaughter is not subject to the three-year minimum mandatory provisions of…