Florida District Courts of Appeal, 2009

Robinson v. State

Robinson v. State
Florida District Courts of Appeal · Decided August 14, 2009 · Hawkes, Lewis, Thomas
16 So. 3d 229; 2009 Fla. App. LEXIS 11340; 2009 WL 2475141 (Southern Reporter, Third Series)

Robinson v. State

Opinion

*230 PER CURIAM.

Appellant challenges her conviction and sentence for armed burglary. We find no error as to the conviction but determine that there was insufficient evidence that appellant was in possession of a firearm during the burglary to support imposition of the mandatory minimum sentence under section 775.087, Florida Statutes (2007). See Bolden v. State, 4 So.3d 788 (Fla. 1st DCA 2009). Accordingly, we affirm the judgment but reverse the imposition of the mandatory minimum sentence and remand to the trial court for resentencing.

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

HAWKES, C.J., LEWIS and THOMAS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.