EARNEST v. STATE

No. CC-365.

342 So.2d 1024 (1977)

Mae Helen EARNEST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 23, 1977.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Douglas C. Kearney, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

Appellant's most substantial point is that the trial court erred in holding Section 775.087(2), Florida Statutes (1975), requires a minimum three-year sentence and in sentencing appellant accordingly. Appellant was tried and convicted on an information charging robbery in which "the said defendant carried a firearm." There was competent evidence appellant participated with another in committing the robbery and that the other, in appellant's presence...

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