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Florida District Courts of Appeal, 1991

Tarver v. State

Tarver v. State
Florida District Courts of Appeal · Decided December 11, 1991 · Hall, Schoonover, Threadgill
589 So. 2d 1041; 1991 Fla. App. LEXIS 12335; 1991 WL 262903 (Southern Reporter, Second Series)

Tarver v. State

Opinion of the Court

PER CURIAM.

We affirm the appellant’s judgment and twenty-two year prison sentence for armed robbery. We strike the imposition of the three year mandatory sentence under section 775.087(2), Florida Statutes (1987) because there was no evidence of the appellant’s actual possession of a firearm. See Willingham v. State, 541 So.2d 1240 (Fla. *10422d DCA 1989) rev. denied 548 So.2d 663 (Fla. 1989).

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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