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TINDALL v. STATE

No. 82-877.

443 So.2d 362 (1983)

Michael Finley TINDALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 29, 1983.

Attorney(s) appearing for the Case

Michael Finley Tindall, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence in a second degree murder case. We have reviewed and affirmed the conviction. See, Tindall v. State, 415 So.2d 1390 (Fla. 5th DCA 1982).

The question now on appeal is whether a defendant can be sentenced to the three year mandatory minimum under Section 775.087(2), Florida Statutes (1981) without the specific finding by a jury that the defendant had...

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