ARTHUR v. STATE

No. 76-1212.

351 So.2d 60 (1977)

Donald ARTHUR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 15, 1977.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Preston Mighdoll, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, for appellee.


DAUKSCH, Judge.

In this case the Appellant pleaded nolo contendere to the charge of robbery while carrying a firearm as proscribed in Section 812.13(2), Florida Statutes (1975). This is a life felony and under the provisions of Section 775.087, Florida Statutes (1975), one convicted of this crime is required to serve at least three years in prison.

The question on appeal is whether the Appellant is subject to the minimum three year imprisonment since he did...

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