Florida District Courts of Appeal, 1997

Robinson v. State

Florida District Courts of Appeal · Decided September 3, 1997 · Lawrence, Padovano, Webster

698 So. 2d 908; 1997 Fla. App. LEXIS 10252; 1997 WL 537062 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Knight v. State (Fla. Dist. Ct. App. 2011)
Knight v. State (Fla. Dist. Ct. App. 2001)
Knight v. State (Fla. Dist. Ct. App. 2000)

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

PER CURIAM.

We reverse the three-year mandatory minimum term imposed under section 775.087(2), Florida Statutes, on the defendant’s conviction for robbery with a firearm, but in all other respects we affirm the defendant’s convictions and sentences. On this record, it is possible the jury found the defendant guilty of robbery with a firearm as a principal, and because the verdict form does not contain a specific finding that the defendant actually possessed the firearm, the three-year mandatory minimum cannot be applied. State v. Overfelt, 457 So.2d 1385 (Fla. 1984). Consequently we reverse with instructions to strike the mandatory minimum term from the defendant’s sentence for robbery with a fire*909arm. The defendant need not be present when this correction is made.

Affirmed in part and reversed in part.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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