Collado v. State

District Court of Appeal of Florida

Collado v. State

706 So. 2d 940, 1998 Fla. App. LEXIS 1867, 1998 WL 80419

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1998

DocketNo. 96-02514

StatusPublished

This text of 706 So. 2d 940 (Collado 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

Collado v. State, 706 So. 2d 940, 1998 Fla. App. LEXIS 1867, 1998 WL 80419 (Fla. Ct. App. 1998).

Pincite

Opinion

WHATLEY, Judge.

Collado appeals his convictions for armed burglary of a conveyance, armed grand theft, and grand theft. We affirm his convictions •without discussion. However, we reverse the three-year minimum mandatory portion of his sentence.

Collado was given a three-year minimum mandatory sentence for his armed burglary conviction. In Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993), this court held that section 775.087(2), Florida Statutes (1993), requires actual physical possession before a minimum mandatory term may be imposed for possession of a firearm. Here, there is no evidence in the record that Collado possessed a firearm. Therefore, the imposition of the three-year minimum mandatory sentence was improper.

Accordingly, we affirm Collado’s convictions and reverse the three-year minimum mandatory sentence for his armed burglary conviction. His sentences are otherwise affirmed.

. ALTENBERND, A.C.J., and NORTHCUTT, J., concur.

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