Florida District Courts of Appeal, 1995

Leonard v. State

Leonard v. State
Florida District Courts of Appeal · Decided September 27, 1995 · Dell, Klein, Stevenson
660 So. 2d 1172; 1995 Fla. App. LEXIS 10229; 1995 WL 566573 (Southern Reporter, Second Series)

Leonard v. State

Opinion of the Court

PER CURIAM.

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.

DELL, KLEIN and STEVENSON, JJ., concur.

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