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Florida District Courts of Appeal, 1981

McRae v. State

McRae v. State
Florida District Courts of Appeal · Decided February 25, 1981 · Cowart, Dauksch, Orfinger
394 So. 2d 217; 1981 Fla. App. LEXIS 18803 (Southern Reporter, Second Series)

McRae v. State

Opinion of the Court

ORFINGER, Judge.

The judgment of conviction for robbery with a firearm is affirmed. That portion of the sentence which imposed the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1979), is stricken because it is clear from the evidence that defendant had only vicarious, not actual possession of the firearm. Earnest v. State, 351 So.2d 957 (Fla. 1977); Zarro v. State, 390 So.2d 811 (Fla. 5th DCA 1980), [1980 FLW 2268].

AFFIRMED as modified.

DAUKSCH, C. J., and COWART, J., concur.

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