DEMPS v. STATE

No. 94-573.

649 So.2d 938 (1995)

Tyrone T. DEMPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 10, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.


W. SHARP, Judge.

Demps appeals from his conviction and sentence for robbery with a firearm. He contends the trial court erred in imposing a three year minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (1993), because based on this record, it was not established that he had actual physical possession of the gun during the robbery. We affirm his conviction but quash his minimum mandatory sentence.

In this case Demps was charged with...

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