Florida District Courts of Appeal, 2001

Nelson v. State

Nelson v. State
Florida District Courts of Appeal · Decided February 14, 2001 · Allen, Booth, Ervin
776 So. 2d 1130; 2001 Fla. App. LEXIS 1319; 2001 WL 120062 (Southern Reporter, Second Series)

Nelson v. State

Opinion of the Court

PER CURIAM.

Following his convictions for two counts of armed robbery, the appellant in this direct criminal appeal challenges his concurrent ten-year minimum mandatory sentences imposed pursuant to section 775 .087(2), Florida Statutes (1999). We agree that the sentences must be vacated because, as the appellee concedes, there was no evidence that the appellant “actually possessed” a firearm during the commission of his crimes, as required for application of the ten-year minimum mandatory sentence prescribed by section 775.087(2). See Earnest v. State, 351 So.2d 957 (Fla. 1977). The sentences are accordingly vacated and this case is remanded to the trial court for resentencing.

ERVIN, BOOTH and ALLEN, JJ., concur.

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