Gallentine v. State

District Court of Appeal of Florida

Gallentine v. State

55 So. 3d 728, 2011 Fla. App. LEXIS 2855, 2011 WL 748088

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 2011

Docket2D10-1869

StatusPublished

Cited by1 cases

This text of 55 So. 3d 728 (Gallentine 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

Gallentine v. State, 55 So. 3d 728, 2011 Fla. App. LEXIS 2855, 2011 WL 748088 (Fla. Ct. App. 2011).

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Opinion

NORTHCUTT, Judge.

Eric John Gallentine raises two points on appeal from multiple convictions. We affirm without discussion his claim that the trial court erred in denying his motion to suppress. But we agree that the trial court erred by imposing a three-year mandatory minimum sentence under section 775.087(2)(a)(l)(r), Florida Statutes (2008), for possession of a firearm by a convicted felon. The evidence failed to show that Gallentine carried the firearm on his person. See, e.g., Williams v. State, 997 So.2d 486 (Fla. 2d DCA 2008); Washington v. State, 876 So.2d 1242 (Fla. 2d DCA 2004); Johnson v. State, 855 So.2d 218 (Fla. 5th DCA 2003); see also State v. Mulus, 970 So.2d 349 (Fla. 3d DCA 2007) (reversing mandatory minimum term when firearm was discovered in defendant’s car during a traffic stop but not actually carried on his person; certifying question of great public importance whether carrying on the person is sole method for imposing mandatory minimum sentence); review denied, 979 So.2d 220 (Fla.2008).

Convictions affirmed; three-year mandatory minimum sentence reversed.

KHOUZAM and MORRIS, JJ., Concur.

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NORTHCUTT, Judge.

Eric John Gallentine raises two points on appeal from multiple convictions. We affirm without discussion his claim that the trial court erred in denying his motion to suppress. But we agree that the trial court erred by imposing a three-year mandatory minimum sentence under section 775.087(2)(a)(l)(r), Florida Statutes (2008), for possession of a firearm by a convicted felon. The evidence failed to show that Gallentine carried the firearm on his person. See, e.g., Williams v. State, 997 So.2d 486 (Fla. 2d DCA 2008); Washington v. State, 876 So.2d 1242 (Fla. 2d DCA 2004); Johnson v. State, 855 So.2d 218 (Fla. 5th DCA 2003); see also State v. Mulus, 970 So.2d 349 (Fla. 3d DCA 2007) (reversing mandatory minimum term when firearm was discovered in defendant’s car during a traffic stop but not actually carried on his person; certifying question of great public importance whether carrying on the person is sole method for imposing mandatory minimum sentence); review denied, 979 So.2d 220 (Fla.2008).

Convictions affirmed; three-year mandatory minimum sentence reversed.

KHOUZAM and MORRIS, JJ., Concur.

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Bluebook (online)

55 So. 3d 728, 2011 Fla. App. LEXIS 2855, 2011 WL 748088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallentine-v-state-fladistctapp-2011.

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