ROBERTS v. STATE

No. 98-0553.

736 So.2d 121 (1999)

Paul ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 1999.


Attorney(s) appearing for the Case

Sara Blumberg of Sara Blumberg, P.A., Boynton Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

We affirm defendant's conviction for robbery with a firearm but reverse the sentence for imposition of the mandatory minimum.

Section 775.087 provides that any person who has been convicted of robbery committed while using a firearm "shall be sentenced to a minimum term of imprisonment of 3 years." [e.s.] § 775.087(2)(c), Fla. Stat. (1997). The trial judge declined to impose this mandatory sentence because the defendant had an unidentified...

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