Robinson v. State, 698 So. 2d 908 (Fla. 1st DCA 1997). · Go Syfert
Robinson v. State, 698 So. 2d 908 (Fla. 1st DCA 1997). Cases Citing This Book View Copy Cite
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At page 908 PER CURIAM. We reverse the three-year mandatory minimum term imposed under section 775.087(2), Florida Statutes, on the defendant’s conviction for robbery with…1 citing caseopening of page *908 (no citing court says what it cites this page for)
  • Knight v. State, 70 So. 3d 674 (Fla. 1st DCA 2011).published
    Knight v. State, 800 So.2d 702, 702 (Fla. 1st DCA 2001) (Knight II) (citing Robinson v. State, 698 So.2d 908, 908 (Fla. 1st DCA 1997), which stated that “because the verdict form does not contain a specific finding that the defendant actua…
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Markie ROBINSON
v.
STATE of Florida
No. 96-2400.
District Court of Appeal of Florida, First District.
Sep 3, 1997.
Published opinion
698 So. 2d 908
1997 Fla. App. LEXIS 10252
1997 WL 537062
Nancy A. Daniels, Public Defender; Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant., Robert A. Butterworth, Attorney General; Trina Kramer, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
Lawrence, Padovano, Webster.
Cited by 3 opinions  |  Published
PER CURIAM.

We reverse the three-year mandatory minimum term imposed under section 775.087(2), Florida Statutes, on the defendant’s conviction for robbery with a firearm, but in all other respects we affirm the defendant’s convictions and sentences. On this record, it is possible the jury found the defendant guilty of robbery with a firearm as a principal, and because the verdict form does not contain a specific finding that the defendant actually possessed the firearm, the three-year mandatory minimum cannot be applied. State v. Overfelt, 457 So.2d 1385 (Fla.1984). Consequently we reverse with instructions to strike the mandatory minimum term from the defendant’s sentence for robbery with a fire[*909]arm. The defendant need not be present when this correction is made.

Affirmed in part and reversed in part.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.