Robertson v. State

District Court of Appeal of Florida

Robertson v. State

519 So. 2d 1055, 13 Fla. L. Weekly 277, 1988 Fla. App. LEXIS 247, 1988 WL 4056

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1988

DocketNo. 4-86-2592

StatusPublished

Cited by2 cases

This text of 519 So. 2d 1055 (Robertson 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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Robertson v. State, 519 So. 2d 1055, 13 Fla. L. Weekly 277, 1988 Fla. App. LEXIS 247, 1988 WL 4056 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The defendant appeals from his conviction for aggravated assault and carrying a concealed firearm.

We find no merit in the defendant’s first two contentions. We agree, however, as does the state, with his third contention that the trial court was not authorized to impose a three-year mandatory minimum sentence for carrying a concealed weapon pursuant to section 775.087(2), Florida Statutes (1985). There is no mention of a mandatory minimum sentence for carrying a concealed weapon. Sammons v. State, 481 So.2d 1315 (Fla. 2d DCA), cause dismissed, 486 So.2d 597 (Fla.1986). Accordingly, we strike that portion of the sentence and remand for resentencing.

AFFIRM IN PART, REVERSE IN PART.

HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.

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PER CURIAM.

The defendant appeals from his conviction for aggravated assault and carrying a concealed firearm.

We find no merit in the defendant’s first two contentions. We agree, however, as does the state, with his third contention that the trial court was not authorized to impose a three-year mandatory minimum sentence for carrying a concealed weapon pursuant to section 775.087(2), Florida Statutes (1985). There is no mention of a mandatory minimum sentence for carrying a concealed weapon. Sammons v. State, 481 So.2d 1315 (Fla. 2d DCA), cause dismissed, 486 So.2d 597 (Fla.1986). Accordingly, we strike that portion of the sentence and remand for resentencing.

AFFIRM IN PART, REVERSE IN PART.

HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.

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519 So. 2d 1055, 13 Fla. L. Weekly 277, 1988 Fla. App. LEXIS 247, 1988 WL 4056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-state-fladistctapp-1988.

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