Leonard v. State
Cases that cite this one
3 later published cases cite this decision.
- Redd v. State (Fla. Dist. Ct. App. 1996)
- State ex rel. Lamare v. State (La. 2005)
- State ex rel. Garrison v. State (La. 2004)
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
We affirm the judgment of conviction adjudicating Appellant Lawrence Leonard guilty of armed robbery with a firearm and armed burglary with assault and battery. We affirm that part of appellant’s sentence imposing concurrent nine-year terms of imprisonment, but reverse the imposition of a three-year mandatory minimum prison term for possession of a firearm during commission of the armed robbery. The absence of a jury finding that appellant had a firearm in his actual possession while participating with others in the armed robbery offense precludes imposition of the mandatory minimum penalty. State v. Overfelt, 457 So.2d 1385 (Fla. 1984); Rivas v. State, 591 So.2d 649 (Fla. 4th DCA 1991). We remand to the trial court with directions to delete such penalty from appellant’s sentence. Hill v. State, 652 So.2d 904 (Fla. 4th DCA 1995).
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.