RIVAS v. STATE

No. 89-2473.

591 So.2d 649 (1991)

Marcus Emilio RIVAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 11, 1991.


Attorney(s) appearing for the Case

Robert G. Udell of Robert G. Udell, P.A., Stuart, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Marcus Rivas appeals from an armed robbery conviction and sentence. We affirm appellant's conviction, but vacate the trial court's imposition of a three-year minimum mandatory sentence for possession of a firearm and remand for resentencing within the guidelines.

The record shows that the jury failed to make a finding that appellant possessed the firearm during the commission of the robbery. Actual possession of a firearm during the commission...

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