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LANG v. STATE

No. 1D05-3697.

941 So.2d 528 (2006)

Nickalist Mares LANG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 8, 2006.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and John B. Kelly, III, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant's conviction for possession of a firearm by convicted felon and the overall sentence imposed are affirmed. However, because appellant was not charged with or proven to have been in actual possession of the firearm — as required by section 775.087(4), Florida Statutes (2005) — we reverse the three-year mandatory minimum sentence imposed pursuant to that statute, and remand with directions to strike that portion of the sentence. ...

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