PEREZ v. STATE

No. 82-505.

431 So.2d 274 (1983)

Felipe H. PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender; Michael S. Becker, Asst. Public Defender and Brian R. Hanson, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Chief Judge.

The issue on appeal is whether a defendant may be sentenced to the mandatory minimum term of three years imprisonment required by section 775.087(2), Florida Statutes (1981), upon conviction of a misdemeanor during the commission of which the defendant had a firearm in his possession. The trial court imposed such sentence. We reverse.

Appellant was charged with aggravated assault with a deadly weapon, without intent

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