Florida District Courts of Appeal, 1990

Martinez v. State

Florida District Courts of Appeal · Decided July 25, 1990 · Dell, Frank, Letts, Richard

564 So. 2d 270; 1990 Fla. App. LEXIS 5355; 1990 WL 102711 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Letourneau v. Letourneau (Fla. Dist. Ct. App. 1990)

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

PER CURIAM.

We reverse and vacate that part of the trial court’s sentence which imposed a three-year mandatory minimum sentence for the defendant’s conviction of third-de*271gree murder. The use of a firearm is not an essential element of third-degree murder and the jury did not, by interrogatory verdict, make a specific finding that appellant used a firearm in the commission of the murder. The state agrees that this part of the trial court’s sentence must be reversed on the authority of State v. Overfelt, 457 So.2d 1385 (Fla. 1984) and Vause v. State, 502 So.2d 511 (Fla. 1st DCA 1987).

We affirm appellant’s conviction and the remainder of the sentence imposed by the trial court.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

LETTS and DELL, JJ., and FRANK, RICHARD H., Associate Judge, concur.

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