Florida District Courts of Appeal, 1982

Stacey v. State

Florida District Courts of Appeal · Decided November 17, 1982 · Ervin, Mills, Wigginton

421 So. 2d 824; 1982 Fla. App. LEXIS 28190 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Stacey (Fla. 1985)
State v. Stacey (Florida Circuit Courts 1984)
Stacey v. State (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MILLS, Judge.

This appeal has been conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

After reviewing the entire record, as well as a pro se brief, we find no error and affirm.

WIGGINTON, J., concurs. ERVIN, J., concurs in part and dissents in part.

Concurring Opinion

ERVIN, Judge,

concurring and dissenting.

I concur in all aspects of the majority’s opinion except that portion affirming the sentence which enhanced appellant’s ninety-nine year sentence for armed robbery by imposing a three-year mandatory minimum sentence for possession of a firearm during the robbery’s commission. Appellant’s pro se brief clearly alleged that such enhancement was a violation of our rule in Skipper v. State, 400 So.2d 797 (Fla. 1st DCA 1981), rev’d. on other grounds, 420 So.2d 877 (Fla., 1982), as applied to armed robbery, involving as an essential element the use of a firearm. Accordingly, I would affirm the ninety-nine year sentence for the offense of robbery, but would strike the enhanced three-year mandatory minimum sentence.

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