Knight v. State, 800 So. 2d 702 (Fla. 1st DCA 2001). · Go Syfert
Knight v. State, 800 So. 2d 702 (Fla. 1st DCA 2001). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Cited for
At page 702 PER CURIAM. The appellant challenges an order denying his claim that he was illegally sentenced. We reverse. Appellant contends that the three-year mandatory…2 citing casesopening of page *702 (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…
  • Ragan v. State, 973 So. 2d 648 (Fla. 1st DCA 2008).published
    See Knight v. State, 800 So.2d 702, 702 (Fla. 1st DCA 2001).
Retrieving the full opinion text from the archive…
Marvin KNIGHT
v.
STATE of Florida
No. 1D00-5044.
District Court of Appeal of Florida, First District.
Nov 30, 2001.
Published opinion
800 So. 2d 702
2001 Fla. App. LEXIS 16939
2001 WL 1518766
Appellant, Marvin Knight, pro se., Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
Barfield, Benton, Ervin.
Cited by 2 opinions  |  Published
PER CURIAM.

The appellant challenges an order denying his claim that he was illegally sentenced. We reverse.

Appellant contends that the three-year mandatory minimum sentences imposed upon him were illegal because the record demonstrates that his accomplice possessed the only firearm and the jury did not specifically find that he actually possessed a firearm during the commission of the offenses. Because unlike the defendant in Tucker v. State, 726 So.2d 768 (Fla.1999), appellant was not the only individual involved in the incidents out of which the criminal charges arose, the fact that the verdict forms state that the jury found him guilty of the offenses at issue “with the use of a firearm” does not necessarily indicate that it found that he actually possessed the firearm. As noted in Robinson v. State, 698 So.2d 908 (Fla. 1st DCA 1997), under these circumstances, “it is possible the jury found the defendant guilty of [the offense] with a firearm as a principal.”

The order denying the motion is REVERSED, and the case is REMANDED[*703] to the trial court with directions to vacate the minimum mandatory sentences.

ERVIN, BARFIELD, and BENTON, JJ., CONCUR.