Robins v. State, 602 So. 2d 1272 (Fla. 1992). · Go Syfert
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Robins v. State, 602 So. 2d 1272 (Fla. 1992). Cases Citing This Book View Copy Cite
“n order for a defendant's sentence to be enhanced pursuant to section 775.087(1)-(2), florida statutes (1991), the state must prove that the defendant had actual physical possession of the weapon”
8 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Campbell v. State (fladistctapp, 2006-08-09)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (verbatim quote) Campbell v. State
Fla. Dist. Ct. App. · 2006 · quote attribution · 1 verbatim quote · confidence high
n order for a defendant's sentence to be enhanced pursuant to section 775.087(1)-(2), florida statutes (1991), the state must prove that the defendant had actual physical possession of the weapon
Jerry Ray ROBINS, Petitioner,
v.
STATE of Florida, Respondent.
78876.
Supreme Court of Florida.
Jul 2, 1992.
602 So. 2d 1272
Overton.
Cited by 7 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: District Court of Appeal of Fl… (1)

Nancy A. Daniels, Public Defender and Abel Gomez, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals, and Sara D. Baggett, Asst. Attys. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Robins v. State, 587 So.2d 581 (Fla. 1st DCA 1991), in which the district court affirmed the reclassification of Robins' kidnapping conviction to a life felony based on his codefendant's wielding of a gun during the commission of the[*1273] crime.[1] We recently held in State v. Rodriguez, 602 So.2d 1270 (Fla. 1992), that actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1), Florida Statutes (1983). Accordingly, we quash the decision of the district court and remand for further proceedings consistent with Rodriguez.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

1 We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.