Flores v. State

District Court of Appeal of Florida

Flores v. State

58 So. 3d 437, 2011 Fla. App. LEXIS 5635, 2011 WL 1485373

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 2011

Docket4D10-1349

StatusPublished

Cited by2 cases

This text of 58 So. 3d 437 (Flores 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

Flores v. State, 58 So. 3d 437, 2011 Fla. App. LEXIS 5635, 2011 WL 1485373 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We reverse the trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. The factual basis for the plea in this case did not establish actual possession of the firearm which is necessary for the three-year mandatory minimum to apply. Dawkins v. State, 923 So.2d 520 (Fla. 2d DCA 2005); § 775.087(2)(a)l, Fla. Stat. (2001). The face of the record shows that appellant was in constructive, not actual, *438 possession of the firearm. We reverse and remand for the trial court to strike the mandatory minimum term from the sentence imposed on the possession of a firearm by a convicted felon count. Resen-tencing is not required, and appellant need not be present for this ministerial sentence correction.

Reverse and remand with directions to strike the three-year firearm mandatory minimum.

WARNER, TAYLOR and HAZOURI, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. The factual basis for the plea in this case did not establish actual possession of the firearm which is necessary for the three-year mandatory minimum to apply. Dawkins v. State, 923 So.2d 520 (Fla. 2d DCA 2005); § 775.087(2)(a)l, Fla. Stat. (2001). The face of the record shows that appellant was in constructive, not actual, *438 possession of the firearm. We reverse and remand for the trial court to strike the mandatory minimum term from the sentence imposed on the possession of a firearm by a convicted felon count. Resen-tencing is not required, and appellant need not be present for this ministerial sentence correction.

Reverse and remand with directions to strike the three-year firearm mandatory minimum.

WARNER, TAYLOR and HAZOURI, JJ., concur.

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Bluebook (online)

58 So. 3d 437, 2011 Fla. App. LEXIS 5635, 2011 WL 1485373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flores-v-state-fladistctapp-2011.

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