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PASCHAL v. STATE

No. 88-1909.

547 So.2d 1298 (1989)

Melvin James PASCHAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 31, 1989.

Attorney(s) appearing for the Case

Jerry A. Burns, North Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

DANIEL, Chief Judge.

Appellant was convicted of being a principal to armed robbery, a principal to attempted armed robbery and carrying a concealed firearm. He was sentenced within the guidelines to 4 1/2 years with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985).

We find merit only in appellant's assertion that the 3-year minimum mandatory sentence cited above does not apply to vicarious possession of a weapon. The state...

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