NELSON v. STATE

No. 1D00-1209.

776 So.2d 1130 (2001)

Gregory Lamar NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 14, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Following his convictions for two counts of armed robbery, the appellant in this direct criminal appeal challenges his concurrent ten-year minimum mandatory sentences imposed pursuant to section 775.087(2), Florida Statutes (1999). We agree that the sentences must be vacated because, as the appellee concedes, there was no evidence that the appellant "actually possessed" a firearm during the commission of his crimes, as required for application of the ten...

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