Fountaine v. State
Fountaine v. State
895 So. 2d 535; 2005 Fla. App. LEXIS 3187; 2005 WL 548213
(Southern Reporter, Second Series)
Fountaine v. State
Opinion of the Court
Convicted of first-degree murder and armed robbery with a firearm, appellant appeals. We affirm both convictions. However, we must vacate the mandatory life sentence imposed pursuant to section 775.087(2)(a)(3), Florida Statutes (1999), for the armed robbery conviction and remand for resentencing because the indictment did not charge, and the jury did not find, that a firearm was discharged resulting in death or great bodily harm. See, e.g., Jackson v. State, 852 So.2d 941 (Fla. 4th DCA 2003), review denied, 869 So.2d 540 (Fla. 2004).
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.