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394 So. 2d 217

McRae v. State

District Court of Appeal of Florida

Decided February 25, 1981

District Court of Appeal of Florida · decided 1981-02-25

Relies on 351 So. 2d 957 - Earnest v. State · Zarro v. State

Decided 1981-02-25

ORFINGER, Judge.

¶1The judgment of conviction for robbery with a firearm is affirmed. That portion of the sentence which imposed the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1979), is stricken because it is clear from the evidence that defendant had only vicarious, not actual possession of the firearm. Earnest v. State, 351 So.2d 957 (Fla.1977); Zarro v. State, 390 So.2d 811 (Fla. 5th DCA 1980), [1980 FLW 2268].

¶2AFFIRMED as modified.

DAUKSCH, C. J., and COWART, J., concur.
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