No. 94-2903 | Fla. Dist. Ct. App. | Sep 27, 1995
We affirm the judgment of conviction adjudicating Appellant Lawrence Leonard guilty of armed robbery with a firearm and armed burglary with assault and battery. We affirm that part of appellant’s sentence imposing concurrent nine-year terms of imprisonment, but reverse the imposition of a three-year mandatory minimum prison term for possession of a firearm during commission of the armed robbery. The absence of a jury finding that appellant had a firearm in his actual possession while participating with others in the armed robbery offense precludes imposition of the mandatory minimum penalty. State v. Overfelt, 457 So. 2d 1385" date_filed="1984-10-18" court="Fla." case_name="State v. Overfelt">457 So.2d 1385 (Fla.1984); Rivas v. State, 591 So. 2d 649" date_filed="1991-12-11" court="Fla. Dist. Ct. App." case_name="Rivas v. State">591 So.2d 649 (Fla. 4th DCA 1991). We remand to the trial court with directions to delete such penalty from appellant’s sentence. Hill v. State, 652 So. 2d 904" date_filed="1995-03-22" court="Fla. Dist. Ct. App." case_name="Hill v. State">652 So.2d 904 (Fla. 4th DCA 1995).
AFFIRMED IN PART; REVERSED IN PART and REMANDED.