Florida District Courts of Appeal, 1989

Paschal v. State

Paschal v. State
Florida District Courts of Appeal · Decided August 31, 1989 · Daniel, Eaton, Goshorn
547 So. 2d 1298; 14 Fla. L. Weekly 2040; 1989 Fla. App. LEXIS 4843; 1989 WL 99704 (Southern Reporter, Second Series)

Paschal v. State

Opinion of the Court

DANIEL, Chief Judge.

Appellant was convicted of being a principal to armed robbery, a principal to attempted armed robbery and carrying a concealed firearm. He was sentenced within the guidelines to 4V2 years with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985).

We find merit only in appellant’s assertion that the 3-year minimum mandatory sentence cited above .does not apply to vicarious possession of a weapon. The state concedes that this was error.

Accordingly, the judgment and sentence of the court below is affirmed except for the imposition of the 3-year minimum mandatory sentence imposed pursuant to section 775.087(2) which portion is vacated.

*1299Judgment AFFIRMED; sentence AFFIRMED in part, VACATED in part.

GOSHORN, J., and EATON, O.H., Jr., Associate Judge, concur.

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