GALLENTINE v. STATE

No. 2D10-1869.

55 So.3d 728 (2011)

Eric John GALLENTINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Wendy DePaul , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Eric John Gallentine raises two points on appeal from multiple convictions. We affirm without discussion his claim that the trial court erred in denying his motion to suppress. But we agree that the trial court erred by imposing a three-year mandatory minimum sentence under section 775.087(2)(a)(1)(r), Florida Statutes (2008), for possession of a firearm by a convicted felon. The evidence failed to show that Gallentine carried the firearm on his...

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