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387 So. 2d 490

Docket No. OO-209.

Davis v. State

Terrance James DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 26, 1980.

District Court of Appeal of Florida · decided 1980-08-26

Cited by 5 later decisions — most recently October 2005

5 state decisions

Relies on 351 So. 2d 957 - Earnest v. State · 358 So. 2d 93 - GORY ASSOC. IND., INC. v. Jupiter Roofing & Sheet Metal, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-26

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¶1*491 Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

¶3PER CURIAM.

¶4Having considered the briefs and the record, we find no reversible error with regard to appellant's conviction for robbery with a firearm. However, we vacate that portion of the sentence mandating a three-year minimum term and remand the cause for its deletion. The uncontroverted evidence was that appellant did not have actual possession of the gun used in the robbery. Vicarious possession of a firearm is not punishable under Section 775.087(2), Florida Statutes (1979). Earnest v. State,351 So.2d 957 (Fla. 1977), Brown v. State,358 So.2d 93 (Fla. 4th DCA 1978). Appellant need not be present for the correction of his sentence.

¶5ERVIN and SHAW, JJ., and WOODROW M. MELVIN (Ret.), Associate Judge, concur.

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