¶1Appellant seeks review of an order that denied his rule 3.850 motion for post-conviction relief. Appellant challenged his sentence as illegal because there was no factual basis to support a finding that the starter pistol qualified as a firearm in support of the three year minimum mandatory sentence. We reverse and remand for the trial court to consider the merits of Appellant’s rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So.2d 1379, 1381 (Fla.1998); Evans v. State, 758 So.2d 1282 (Fla. 3d DCA 2000).
851 So. 2d 785
Johnson v. State
District Court of Appeal of Florida
Decided July 16, 2003
District Court of Appeal of Florida · decided 2003-07-16
Cited by 1 later decisions — most recently August 2007
1 state decisions
Relies on 705 So. 2d 1379 - State v. Mancino · 758 So. 2d 1282 - Evans v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2003-07-16
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