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421 So. 2d 824

Stacey v. State

District Court of Appeal of Florida

Decided November 17, 1982

District Court of Appeal of Florida · decided 1982-11-17

Cited by 3 later decisions — most recently October 1985

3 state decisions

Relies on Anders v. California · 400 So. 2d 797 - Skipper v. State · Skipper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-17

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MILLS, Judge.

¶1This appeal has been conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

¶2After reviewing the entire record, as well as a pro se brief, we find no error and affirm.

WIGGINTON, J., concurs. ERVIN, J., concurs in part and dissents in part.
ERVIN, Judge,

¶3concurring and dissenting.

¶4I concur in all aspects of the majority’s opinion except that portion affirming the sentence which enhanced appellant’s ninety-nine year sentence for armed robbery by imposing a three-year mandatory minimum sentence for possession of a firearm during the robbery’s commission. Appellant’s pro se brief clearly alleged that such enhancement was a violation of our rule in Skipper v. State, 400 So.2d 797 (Fla. 1st DCA 1981), rev’d. on other grounds, 420 So.2d 877 (Fla., 1982), as applied to armed robbery, involving as an essential element the use of a firearm. Accordingly, I would affirm the ninety-nine year sentence for the offense of robbery, but would strike the enhanced three-year mandatory minimum sentence.

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