Lyons v. State

District Court of Appeal of Florida

Lyons v. State

399 So. 2d 15, 1981 Fla. App. LEXIS 19865

CourtDistrict Court of Appeal of Florida

DecidedMay 19, 1981

DocketNo. 78-1378

StatusPublished

Cited by1 cases

This text of 399 So. 2d 15 (Lyons 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.

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Lyons v. State, 399 So. 2d 15, 1981 Fla. App. LEXIS 19865 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

The defendant’s conviction on count III of the indictment, possession of a firearm by a convicted felon, is affirmed; however, the trial court’s imposition of a mandatory minimum sentence for this crime was improper and is hereby reversed. Accordingly, the requirement that the defendant serve a minimum of three years on count III shall be deleted from the sentencing order.

In all other respects, the judgment appealed is affirmed. See Williams v. State, 346 So.2d 67 (Fla.1977); Brown v. State, 206 So.2d 377 (Fla.1968); Parker v. State, 389 So.2d 336 (Fla. 4th DCA 1980); Rollins v. State, 369 So.2d 950 (Fla. 3d DCA 1978), cert. denied, 367 So.2d 1126 (Fla.1979); Robinson v. State, 338 So.2d 1309 (Fla. 4th DCA 1976); Matera v. State, 218 So.2d 180 (Fla. 3d DCA), cert. denied, 225 So.2d 529 (Fla.1969).

Affirmed in part; reversed in part with directions.

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PER CURIAM.

The defendant’s conviction on count III of the indictment, possession of a firearm by a convicted felon, is affirmed; however, the trial court’s imposition of a mandatory minimum sentence for this crime was improper and is hereby reversed. Accordingly, the requirement that the defendant serve a minimum of three years on count III shall be deleted from the sentencing order.

In all other respects, the judgment appealed is affirmed. See Williams v. State, 346 So.2d 67 (Fla.1977); Brown v. State, 206 So.2d 377 (Fla.1968); Parker v. State, 389 So.2d 336 (Fla. 4th DCA 1980); Rollins v. State, 369 So.2d 950 (Fla. 3d DCA 1978), cert. denied, 367 So.2d 1126 (Fla.1979); Robinson v. State, 338 So.2d 1309 (Fla. 4th DCA 1976); Matera v. State, 218 So.2d 180 (Fla. 3d DCA), cert. denied, 225 So.2d 529 (Fla.1969).

Affirmed in part; reversed in part with directions.

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399 So. 2d 15, 1981 Fla. App. LEXIS 19865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-state-fladistctapp-1981.

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