Akins v. State

District Court of Appeal of Florida

Akins v. State

366 So. 2d 1262, 1979 Fla. App. LEXIS 21274

CourtDistrict Court of Appeal of Florida

DecidedFebruary 7, 1979

DocketNo. 77-2489

StatusPublished

Cited by2 cases

This text of 366 So. 2d 1262 (Akins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Akins v. State, 366 So. 2d 1262, 1979 Fla. App. LEXIS 21274 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This is an appeal from a conviction and sentence for manslaughter. The appellant claims that the proof of identity of the victim was insufficient and that the imposition of a mandatory three year minimum sentence under Section 775.087, Florida Statutes (1975) was error. We find the evidence sufficient as to the identity of the victim. However, Section 775.087, prescribing a mandatory minimum sentence of three years for certain offenses when a firearm is involved, does not apply to manslaughter. Jones v. State, 356 So.2d 4 (Fla. 4th DCA 1977). Accordingly, this cause is reversed with directions that the appellant’s sentence be amended to omit the mandatory three year provision. The appellant need not be present when the sentence is amended.

REVERSED WITH DIRECTIONS.

CROSS, ANSTEAD and LETTS, JJ., concur.

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PER CURIAM.

This is an appeal from a conviction and sentence for manslaughter. The appellant claims that the proof of identity of the victim was insufficient and that the imposition of a mandatory three year minimum sentence under Section 775.087, Florida Statutes (1975) was error. We find the evidence sufficient as to the identity of the victim. However, Section 775.087, prescribing a mandatory minimum sentence of three years for certain offenses when a firearm is involved, does not apply to manslaughter. Jones v. State, 356 So.2d 4 (Fla. 4th DCA 1977). Accordingly, this cause is reversed with directions that the appellant’s sentence be amended to omit the mandatory three year provision. The appellant need not be present when the sentence is amended.

REVERSED WITH DIRECTIONS.

CROSS, ANSTEAD and LETTS, JJ., concur.

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Bluebook (online)

366 So. 2d 1262, 1979 Fla. App. LEXIS 21274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akins-v-state-fladistctapp-1979.

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