Florida District Courts of Appeal, 2003

Johnson v. State

Florida District Courts of Appeal · Decided July 16, 2003 · Farmer, Gross, Stevenson

851 So. 2d 785; 2003 Fla. App. LEXIS 10838; 2003 WL 21658628 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Smith v. Mayes (Fla. Dist. Ct. App. 2003)

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.

Appellant seeks review of an order that denied his rule 3.850 motion for post-conviction relief. Appellant challenged his sentence as illegal because there was no factual basis to support a finding that the starter pistol qualified as a firearm in support of the three year minimum mandatory sentence. We reverse and remand for the trial court to consider the merits of Appellant’s rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla. 1998); Evans v. State, 758 So.2d 1282 (Fla. 3d DCA 2000).

FARMER, C.J., STEVENSON and GROSS, JJ., concur.

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