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Robertson v. State

District Court of Appeal of Florida, Fourth District
Mar 2, 1988
519 So. 2d 1055 (Fla. Dist. Ct. App. 1988)

Summary

carrying a concealed weapon

Summary of this case from Perez-Herrera v. State

Opinion

No. 4-86-2592.

January 27, 1988. Rehearing Denied March 2, 1988.

Appeal from the Circuit Court for Indian River County; Dwight L. Geiger, Judge.

John Beranek and Julie Farina of Klein Beranek, P.A., West Palm Beach, and Sullivan, Sullivan, Lajoie, Thacker Berry, P.A., Vero Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.


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.


Summaries of

Robertson v. State

District Court of Appeal of Florida, Fourth District
Mar 2, 1988
519 So. 2d 1055 (Fla. Dist. Ct. App. 1988)

carrying a concealed weapon

Summary of this case from Perez-Herrera v. State
Case details for

Robertson v. State

Case Details

Full title:MARVIN ROBERTSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 2, 1988

Citations

519 So. 2d 1055 (Fla. Dist. Ct. App. 1988)

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