522 So. 2d 538 | Fla. Dist. Ct. App. | 1988
Following our decision in Cridland v. State, 499 So.2d 48 (Fla. 3d DCA 1986), the trial court resentenced the defendant within the sentencing guidelines to twenty-two years imprisonment with a minimum mandatory sentence of three years imprisonment for carrying a firearm. The defendant appeals his sentence as being unlawfully imposed. We affirm.
First, the defendant complains that the scoring of points to determine the 17-22 year sentencing guidelines range was in error. We disagree. It was per
Second, the defendant complains that it was unconstitutional to impose a three-year mandatory minimum sentence for carrying a firearm under Section 775.-087, Florida Statutes (1985), based on his conviction for second-degree murder with a firearm. We reject this contention because (a) the jury convicted the defendant of second-degree murder with a firearm based on ample evidence adduced at trial, and (b) a three-year mandatory minimum sentence may be constitutionally imposed under the above statute in these circumstances. See, e.g., Scott v. State, 369 So.2d 330 (Fla. 1979); Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980), rev. denied, 399 So.2d 1140 (Fla.1981); Carter v. State, 464 So.2d 172 (Fla. 2d DCA); aff'd, 479 So.2d 117 (Fla.1985).
The sentence under review below is, therefore, in all respects
Affirmed.