Deroses v. State

District Court of Appeal of Florida

Deroses v. State

697 So. 2d 227, 1997 Fla. App. LEXIS 8611, 1997 WL 423125

CourtDistrict Court of Appeal of Florida

DecidedJuly 30, 1997

DocketNo. 96-1649

StatusPublished

This text of 697 So. 2d 227 (Deroses 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

Deroses v. State, 697 So. 2d 227, 1997 Fla. App. LEXIS 8611, 1997 WL 423125 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Jean Deroses appeals his convictions for armed burglary with an assault or battery, armed kidnapping, two counts of sexual battery and armed robbery. We find no merit to his appeal as concerns his convictions for these crimes.

Deroses further argues that the trial court should not have imposed a three-year minimum mandatory sentence in counts 3 and 4 because there was no evidence that he was in actual, physical possession of a firearm when the sexual battery was committed. The state concedes that this was error. Accordingly, we remand this case to the trial court with directions to strike the three-year minimum mandatory from counts 3 and 4 of the sentencing order.

Affirmed in part; reversed in part and remanded with instructions.

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PER CURIAM.

Jean Deroses appeals his convictions for armed burglary with an assault or battery, armed kidnapping, two counts of sexual battery and armed robbery. We find no merit to his appeal as concerns his convictions for these crimes.

Deroses further argues that the trial court should not have imposed a three-year minimum mandatory sentence in counts 3 and 4 because there was no evidence that he was in actual, physical possession of a firearm when the sexual battery was committed. The state concedes that this was error. Accordingly, we remand this case to the trial court with directions to strike the three-year minimum mandatory from counts 3 and 4 of the sentencing order.

Affirmed in part; reversed in part and remanded with instructions.

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Bluebook (online)

697 So. 2d 227, 1997 Fla. App. LEXIS 8611, 1997 WL 423125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deroses-v-state-fladistctapp-1997.