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STATE v. JONES

No. 87-2118.

536 So.2d 1161 (1988)

STATE of Florida, Appellant, v. Richard Allen JONES, Appellee.

District Court of Appeal of Florida, Fifth District.

December 29, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellee.

ORFINGER, Judge.

Defendant was charged by information with burglary of a dwelling "... in the course of [which the defendant] was armed with ... a firearm." The verdict returned by the jury was that "The Defendant is GUILTY of Burglary of a dwelling While Armed as charged in the Information." At sentencing, the State urged the court to impose the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1987), but the court rejected that...

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