Burkes v. State

District Court of Appeal of Florida

Burkes v. State

694 So. 2d 53, 1997 Fla. App. LEXIS 360, 1997 WL 38133

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1997

DocketNo. 96-756

StatusPublished

This text of 694 So. 2d 53 (Burkes 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.

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Burkes v. State, 694 So. 2d 53, 1997 Fla. App. LEXIS 360, 1997 WL 38133 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Quincy Burkes appeals his convictions and sentences for grand theft of an auto and armed robbery, committed on July 1, 1995 and July 2,1995, in Duval and Nassau Counties. Burkes raises a number of issues regarding his convictions, including the sufficiency of the evidence against him, and the admission of certain evidence. We affirm Burkes’s convictions without discussion.

We however reverse the three-year mandatory portion of Burkes’s sentence. There is no evidence that Burkes was in actual possession of a firearm during the commission of the robbery. See Bell v. State, 589 So.2d 1374, 1375 (Fla. 1st DCA 1991). We therefore reverse that portion of the sentence and remand for correction of sentence accordingly. Burkes need not be present for this correction.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

Quincy Burkes appeals his convictions and sentences for grand theft of an auto and armed robbery, committed on July 1, 1995 and July 2,1995, in Duval and Nassau Counties. Burkes raises a number of issues regarding his convictions, including the sufficiency of the evidence against him, and the admission of certain evidence. We affirm Burkes’s convictions without discussion.

We however reverse the three-year mandatory portion of Burkes’s sentence. There is no evidence that Burkes was in actual possession of a firearm during the commission of the robbery. See Bell v. State, 589 So.2d 1374, 1375 (Fla. 1st DCA 1991). We therefore reverse that portion of the sentence and remand for correction of sentence accordingly. Burkes need not be present for this correction.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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694 So. 2d 53, 1997 Fla. App. LEXIS 360, 1997 WL 38133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkes-v-state-fladistctapp-1997.

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