FREENEY v. STATE

No. 85-1531.

493 So.2d 9 (1986)

Morris Seller FREENEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing August 28, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a judgment of conviction and sentence for manslaughter and battery. Two points were raised on appeal. We find merit only in the contention that the trial court erred in imposing a three year minimum mandatory sentence under section 775.087(2), Florida Statutes (1983) because appellant possessed a firearm during the commission of the offense.

The statute lists "any murder" but does not include manslaughter. Since manslaughter...

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