McRae v. State

District Court of Appeal of Florida

McRae v. State

394 So. 2d 217, 1981 Fla. App. LEXIS 18803

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1981

DocketNo. 79-297

StatusPublished

This text of 394 So. 2d 217 (McRae 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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McRae v. State, 394 So. 2d 217, 1981 Fla. App. LEXIS 18803 (Fla. Ct. App. 1981).

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Opinion

ORFINGER, Judge.

The judgment of conviction for robbery with a firearm is affirmed. That portion of the sentence which imposed the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1979), is stricken because it is clear from the evidence that defendant had only vicarious, not actual possession of the firearm. Earnest v. State, 351 So.2d 957 (Fla.1977); Zarro v. State, 390 So.2d 811 (Fla. 5th DCA 1980), [1980 FLW 2268].

AFFIRMED as modified.

DAUKSCH, C. J., and COWART, J., concur.

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ORFINGER, Judge.

The judgment of conviction for robbery with a firearm is affirmed. That portion of the sentence which imposed the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1979), is stricken because it is clear from the evidence that defendant had only vicarious, not actual possession of the firearm. Earnest v. State, 351 So.2d 957 (Fla.1977); Zarro v. State, 390 So.2d 811 (Fla. 5th DCA 1980), [1980 FLW 2268].

AFFIRMED as modified.

DAUKSCH, C. J., and COWART, J., concur.

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394 So. 2d 217, 1981 Fla. App. LEXIS 18803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcrae-v-state-fladistctapp-1981.

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