LINDSAY v. STATE

No. 1D07-1009.

1 So.3d 270 (2009)

Arnold Sylvester LINDSAY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 9, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant seeks review of the trial court's imposition of a 3-year minimum mandatory sentence pursuant to the 10/20/Life statute. Specifically, appellant alleges the imposition constituted error because the jury was not given a special interrogatory to decide the question of actual possession. We agree with appellant that the failure to submit the question of actual possession to the jury amounted to error, but we find the error to be harmless. We understand...

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