State v. Lopez, No. 81-266

No. 81-266 | Fla. Dist. Ct. App. | Jan 12, 1982

PER CURIAM.

Lopez pled guilty to an information which charged him with carrying a firearm in the course of a robbery. Nonetheless, the trial court’s five-year sentence did not include a provision that he serve a minimum mandatory three-year term without eligibility for parole or gain time, as is required under these circumstances by Section 775.087(2), Florida Statutes (1979). We agree with the state’s position¹ that there is nothing to justify this omission. D’Alessandro v. Shearer, 360 So. 2d 774" court="Fla." date_filed="1978-06-30" href="https://app.midpage.ai/document/dalessandro-v-shearer-1861008?utm_source=webapp" opinion_id="1861008">360 So.2d 774 (Fla.1978). Hence, the sentence is reversed in part and the cause remanded with directions to make the sentence imposed as to Count I of the information subject to the three-year mandatory requirement.²

Reversed and remanded.

1 . We have jurisdiction to consider its appeal as one from an illegal sentence under Fla.R.App.P. 9.140(c)(1)(I) and Sec. 924.07(5), Fla.Stat. (1979).

2 . The defendant need not be present for this amendment.