Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

TERRANCE JAMES DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Having considered the briefs and the record, we find no reversible error with regard to appellant's conviction for robbery with a firearm. However, we vacate that portion of the sentence mandating a three-year minimum term and remand the cause for its deletion. The uncontroverted evidence was that appellant did not have actual possession of the gun used in the robbery. Vicarious possession of a firearm is not punishable under Section 775.087(2), Florida Statutes (1979). Earnest v. State, 351 So.2d 957 (Fla. 1977), Brown v. State, 358 So.2d 93 (Fla. 4th DCA 1978). Appellant need not be present for the correction of his sentence.

ERVIN and SHAW, JJ., and WOODROW M. MELVIN (Ret.), Associate Judge, concur.

Use AI to get other relevant cases.

Comments

DAVIS v. STATE
(Aug 26, 1980)