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645 So. 2d 589

Stripling v. State

District Court of Appeal of Florida

Decided November 23, 1994

District Court of Appeal of Florida · decided 1994-11-23

Cited by 2 later decisions — most recently June 2000

2 state decisions

Relies on 351 So. 2d 957 - Earnest v. State · 602 So. 2d 1270 - State v. Rodriguez · 403 So. 2d 566 - State v. McQuay

Good law ✅— No negative treatment on recordhow we know

Decided 1994-11-23

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PER CURIAM.

¶1The order denying appellant’s motion for postconviction relief is affirmed. As to the second issue, defendant was properly convicted of armed robbery under section 812.13(2)(a), Florida Statutes (1989). The State need only show that defendant’s participation in the crime satisfied section 777.011, Florida Statutes (1989). The State need not show that defendant personally possessed the firearm. See id.; State v. McQuay, 403 So.2d 566, 568 (Fla. 3d DCA 1981); Norris v. State, 360 So.2d 476 (Fla. 3d DCA 1978).*

¶2Affirmed.

¶3 A different rule applies where section 775.087, Florida Statutes, is used to enhance the felony or impose a three-year mandatory minimum sentence. See State v. Rodriguez, 602 So.2d 1270, 1271-72 (Fla. 1992); Earnest v. State, 351 So.2d 957, 958-59 (Fla. 1977); Stripling v. State, 602 So.2d 663, 665 (Fla. 3d DCA 1992).

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