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547 So. 2d 1298

547 So.2d 1298

14 Fla.L.Weekly 2040

Paschal v. State

District Court of Appeal of Florida

Decided August 31, 1989

District Court of Appeal of Florida · decided 1989-08-31

Decided 1989-08-31

DANIEL, Chief Judge.

¶1Appellant was convicted of being a principal to armed robbery, a principal to attempted armed robbery and carrying a concealed firearm. He was sentenced within the guidelines to 4V2 years with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985).

¶2We find merit only in appellant’s assertion that the 3-year minimum mandatory sentence cited above .does not apply to vicarious possession of a weapon. The state concedes that this was error.

¶3Accordingly, the judgment and sentence of the court below is affirmed except for the imposition of the 3-year minimum mandatory sentence imposed pursuant to section 775.087(2) which portion is vacated.

¶4*1299Judgment AFFIRMED; sentence AFFIRMED in part, VACATED in part.

GOSHORN, J., and EATON, O.H., Jr., Associate Judge, concur.
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