JOHNSON v. STATE

No. 5D09-2789.

53 So.3d 360 (2011)

Montrell L. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2011.


Attorney(s) appearing for the Case

Aaron D. Delgado , of Damore, Delgado, Romanik & Rawlins, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

Johnson appeals from his conviction for aggravated battery with a firearm. We affirm his conviction without discussion. However, we find that the trial court erred in imposing a mandatory minimum sentence of twenty-five years pursuant to section 775.087(2)(a)3., Florida Statutes (2007), where the jury failed to make a specific finding that the victim suffered "great bodily harm" as the result of Johnson's discharge of a firearm.

At trial, the State...

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