Paschal v. State

District Court of Appeal of Florida

Paschal v. State

547 So. 2d 1298, 14 Fla. L. Weekly 2040, 1989 Fla. App. LEXIS 4843, 1989 WL 99704

CourtDistrict Court of Appeal of Florida

DecidedAugust 31, 1989

DocketNo. 88-1909

StatusPublished

This text of 547 So. 2d 1298 (Paschal 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

Paschal v. State, 547 So. 2d 1298, 14 Fla. L. Weekly 2040, 1989 Fla. App. LEXIS 4843, 1989 WL 99704 (Fla. Ct. App. 1989).

Pincite

Opinion

DANIEL, Chief Judge.

Appellant was convicted of being a principal to armed robbery, a principal to attempted armed robbery and carrying a concealed firearm. He was sentenced within the guidelines to 4V2 years with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985).

We find merit only in appellant’s assertion that the 3-year minimum mandatory sentence cited above .does not apply to vicarious possession of a weapon. The state concedes that this was error.

Accordingly, the judgment and sentence of the court below is affirmed except for the imposition of the 3-year minimum mandatory sentence imposed pursuant to section 775.087(2) which portion is vacated.

[1299]*1299Judgment AFFIRMED; sentence AFFIRMED in part, VACATED in part.

GOSHORN, J., and EATON, O.H., Jr., Associate Judge, concur.

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