Fountaine v. State

District Court of Appeal of Florida

Fountaine v. State

895 So. 2d 535, 2005 Fla. App. LEXIS 3187, 2005 WL 548213

District Court of Appeal of Florida·Decided March 10, 2005·No. No. 1D01-3559·Published

Opinion

PER CURIAM.

Convicted of first-degree murder and armed robbery with a firearm, appellant appeals. We affirm both convictions. However, we must vacate the mandatory life sentence imposed pursuant to section 775.087(2)(a)(3), Florida Statutes (1999), for the armed robbery conviction and remand for resentencing because the indictment did not charge, and the jury did not find, that a firearm was discharged resulting in death or great bodily harm. See, e.g., Jackson v. State, 852 So.2d 941 (Fla. 4th DCA 2003), review denied, 869 So.2d 540 (Fla.2004).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, BENTON and POLSTON, JJ., Concur.

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PER CURIAM.

Convicted of first-degree murder and armed robbery with a firearm, appellant appeals. We affirm both convictions. However, we must vacate the mandatory life sentence imposed pursuant to section 775.087(2)(a)(3), Florida Statutes (1999), for the armed robbery conviction and remand for resentencing because the indictment did not charge, and the jury did not find, that a firearm was discharged resulting in death or great bodily harm. See, e.g., Jackson v. State, 852 So.2d 941 (Fla. 4th DCA 2003), review denied, 869 So.2d 540 (Fla.2004).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, BENTON and POLSTON, JJ., Concur.

Fountaine v. State, 895 So. 2d 535, 2005 Fla. App. LEXIS 3187, 2005 WL 548213 (Fla. Ct. App. 2005).

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Opinion

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