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569 So. 2d 1387

Daniels v. State

District Court of Appeal of Florida

Decided November 28, 1990

District Court of Appeal of Florida · decided 1990-11-28

Relies on 542 So. 2d 433 - Wilson v. State

Decided 1990-11-28

PER CURIAM.

¶1David Earl Daniels was convicted of manslaughter with a firearm. The trial court imposed a three year mandatory minimum sentence under Section 775.082(2), Florida Statutes 1989. Daniels appeals.

¶2Upon review of the record and authorities we affirm Daniel’s conviction. However, we reverse and vacate that portion of the sentence which imposed a three year mandatory minimum sentence. We do this upon authority of Wilson v. State, 542 So.2d 433 (Fla. 4th DCA 1989) because the mentioned statute does not apply to manslaughter. The State concedes that the imposition of the three year mandatory minimum sentence was error.

¶3AFFIRMED IN PART; REVERSED IN PART.

WALDEN, GUNTHER and POLEN, JJ., concur.
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