JOHNSON v. STATE

No. 93-03237.

650 So.2d 629 (1994)

Dale Walker JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 15, 1995.


Attorney(s) appearing for the Case

John D. Mills, Fort Myers, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellee.


BLUE, Judge.

Dale Johnson appeals his convictions and sentences for first-degree burglary while armed, grand theft and grand theft of a firearm. He contends and we agree that the trial court erroneously imposed a minimum mandatory sentence for possession of a firearm. Because the jury did not make the necessary finding that Johnson possessed a firearm, the trial court erred in imposing a three-year minimum mandatory sentence. See State v. Overfelt, ...

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