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Watts v. State

District Court of Appeal of Florida, Fourth District
Apr 20, 2005
912 So. 2d 17 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D02-4034.

April 20, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 01-20633 CF10A.

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, West Palm Beach, for appellee.


Appellant was convicted and sentenced as a habitual felony offender to twenty years imprisonment, with a three-year mandatory minimum, for possession of a firearm by a convicted felon and to ten years imprisonment for carrying a concealed firearm. We reverse the mandatory minimum sentence because the jury did not make a specific finding that appellant actually possessed the firearm. See State v. Hargrove, 694 So.2d 729, 730 (Fla. 1997); James v. State, 868 So.2d 1242, 1245 (Fla. 4th DCA 2004); Bundrage v. State, 814 So.2d 1133, 1134 (Fla. 2d DCA 2002). We also reverse appellant's sentence as a habitual felony offender because he did not have the necessary prior sequential convictions. See Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2003). We certify conflict on this issue with McCall v. State, 862 So.2d 807 (Fla. 2d DCA 2003).

We find appellant's remaining point to be without merit. We therefore affirm the convictions, but reverse and remand for resentencing.

WARNER, POLEN and HAZOURI, JJ., concur.


Summaries of

Watts v. State

District Court of Appeal of Florida, Fourth District
Apr 20, 2005
912 So. 2d 17 (Fla. Dist. Ct. App. 2005)
Case details for

Watts v. State

Case Details

Full title:Sterling WATTS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 20, 2005

Citations

912 So. 2d 17 (Fla. Dist. Ct. App. 2005)

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