Tarver v. State

District Court of Appeal of Florida

Tarver v. State

589 So. 2d 1041, 1991 Fla. App. LEXIS 12335, 1991 WL 262903

Procedural entryThis page is a short order in Tarver v. State. Read the opinion of the Court — 617 So. 2d 336 →

District Court of Appeal of Florida·Decided December 11, 1991·No. No. 91-00244·Published

Opinion

PER CURIAM.

We affirm the appellant’s judgment and twenty-two year prison sentence for armed robbery. We strike the imposition of the three year mandatory sentence under section 775.087(2), Florida Statutes (1987) because there was no evidence of the appellant’s actual possession of a firearm. See Willingham v. State, 541 So.2d 1240 (Fla. [1042]*10422d DCA 1989) rev. denied 548 So.2d 663 (Fla.1989).

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

We affirm the appellant’s judgment and twenty-two year prison sentence for armed robbery. We strike the imposition of the three year mandatory sentence under section 775.087(2), Florida Statutes (1987) because there was no evidence of the appellant’s actual possession of a firearm. See Willingham v. State, 541 So.2d 1240 (Fla. [1042]*10422d DCA 1989) rev. denied 548 So.2d 663 (Fla.1989).

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

Tarver v. State, 589 So. 2d 1041, 1991 Fla. App. LEXIS 12335, 1991 WL 262903 (Fla. Ct. App. 1991).

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Opinion

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