Florida District Courts of Appeal, 1996

Durham v. State

Durham v. State
Florida District Courts of Appeal · Decided December 18, 1996 · Cope, Goderich, Jorgenson
683 So. 2d 679; 1996 Fla. App. LEXIS 13244; 1996 WL 724228 (Southern Reporter, Second Series)

Durham v. State

Opinion of the Court

PER CURIAM.

Upon the State’s proper confession of error, we remand this case to the trial court with directions to strike the three-year minimum mandatory sentence from count I of the *680sentencing order. The charge did not allege that this defendant was in possession of a firearm at the time of the offense; there was no factual proffer during the plea colloquy that defendant possessed a firearm; and the minimum mandatory sentence was neither orally pronounced by the court nor was it part of the plea agreement with the State. Remanded with directions.

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