Florida District Courts of Appeal, 1998

Nelson v. State

Florida District Courts of Appeal · Decided December 2, 1998 · Gunther, Owen, Warner, William

722 So. 2d 889; 1998 Fla. App. LEXIS 15030; 1998 WL 842674 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bryant v. State (Fla. Dist. Ct. App. 1999)

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 affirm the denial of appellant’s motion for judgment of acquittal on the charge of carrying a concealed firearm. See L.G. v. State, 693 So.2d 1020, 1021 (Fla. 3rd DCA), rev. denied, 700 So.2d 686 (Fla. 1997); see also State v. Dorelus, 23 Fla. L. Weekly D1831, D1831, 720 So.2d 543 (Fla. 4th DCA 1998).

We reverse the order imposing a mandatory minimum sentence since appellant’s crime of carrying a concealed firearm did not statutorily provide for such a sentence. See *890§ 775.087, Fla. Stat. (1997); Anderson v. State, 690 So.2d 749, 750 (Fla. 5th DCA 1997). Due to the potential of requiring appellant to be incarcerated for a greater amount of time than that permitted by law, the improper imposition of a mandatory minimum term constitutes fundamental error. See Powell v. State, 23 Fla. L. Weekly D2310, D2310, 719 So.2d 963, 964 (Fla. 4th DCA 1998); see also Porter v. State, 702 So.2d 257, 258 (Fla. 4th DCA 1997); Whitehead v. State, 446 So.2d 194, 197 (Fla. 4th DCA 1984).

Affirmed in part; reversed and remanded for correction of sentence.

GUNTHER and WARNER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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