Smith v. State

Florida District Courts of Appeal
Smith v. State, 654 So. 2d 264 (1995)
1995 Fla. App. LEXIS 4490; 1995 WL 245977
Campbell, Patterson, Threadgill

Smith v. State

Opinion of the Court

THREADGILL, Judge.

Smith appeals his judgments and sentences for simple robbery and planting a hoax bomb. We affirm Smith’s convictions, but remand to the trial court to correct the sentences. Smith was sentenced to four and one-half years’ imprisonment for each offense with a three-year minimum mandatory term for each offense. There is no statutory authority for imposing a three-year minimum mandatory sentence for simple robbery. However, the statute in effect at the time of Smith’s offense that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year minimum term of imprisonment for violating subsection (3) of the statute.1

We affirm both convictions and sentences of four and one-half years. We remand to the trial court to strike the three-year minimum mandatory sentence imposed on the robbery conviction and to correct the written sentence for planting a hoax bomb to reflect that a minimum mandatory sentence of three years is imposed pursuant to section 790.165(3), Florida Statutes (1991) and not section 775.087(2) as indicated on the written sentence.

Affirmed; remanded.

CAMPBELL, A.C.J., and PATTERSON, J., concur.

. The minimum mandatory provision of the statute was deleted by chapter 93-406, section 20, Laws of Florida, and provided for applicability to offenses committed on or after January 1, 1994. This offense was committed in 1993.

Reference

Full Case Name
Donald Miles SMITH v. STATE of Florida
Cited By
2 cases
Status
Published