Slocum v. State

District Court of Appeal of Florida

Slocum v. State

679 So. 2d 359, 1996 Fla. App. LEXIS 9668, 1996 WL 512050

District Court of Appeal of Florida·Decided September 11, 1996·No. No. 95-2133·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm appellant’s conviction and with the exception of the trial court’s imposition of a three-year mandatory minimum sentence for possession of a firearm, we affirm the sentences imposed. The state concedes and we agree that the imposition of a three-year mandatory minimum sentence must be reversed for lack of a jury finding that appellant used or carried a firearm during the commission of the offenses. See State v. Tripp, 642 So.2d 728 (Fla.1994); State v. Overfelt, 457 So.2d 1385 (Fla.1984).

AFFIRMED IN PART; REVERSED IN PART.

DELL, KLEIN and PARIENTE, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction and with the exception of the trial court’s imposition of a three-year mandatory minimum sentence for possession of a firearm, we affirm the sentences imposed. The state concedes and we agree that the imposition of a three-year mandatory minimum sentence must be reversed for lack of a jury finding that appellant used or carried a firearm during the commission of the offenses. See State v. Tripp, 642 So.2d 728 (Fla.1994); State v. Overfelt, 457 So.2d 1385 (Fla.1984).

AFFIRMED IN PART; REVERSED IN PART.

DELL, KLEIN and PARIENTE, JJ., concur.

Slocum v. State, 679 So. 2d 359, 1996 Fla. App. LEXIS 9668, 1996 WL 512050 (Fla. Ct. App. 1996).

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Opinion

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