STATE v. OPITZ

No. 77-2064.

357 So.2d 469 (1978)

STATE of Florida, Appellant, v. William Joseph OPITZ, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Martha J. Cook, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.


SCHEB, Judge.

In this appeal the state contends the trial court erred in refusing to impose upon defendant Opitz the mandatory three-year minimum sentence under Section 775.087(2), Florida Statutes (Supp. 1976). We find the state's contention has merit.

In October 1976 defendant was charged with committing robbery with a firearm. A year later he entered a plea of guilty as charged. The factual basis presented to the court showed that defendant had robbed the...

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