DAVIS v. STATE

No. OO-209.

387 So.2d 490 (1980)

Terrance James DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 26, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.


PER CURIAM.

Having considered the briefs and the record, we find no reversible error with regard to appellant's conviction for robbery with a firearm. However, we vacate that portion of the sentence mandating a three-year minimum term and remand the cause for its deletion. The uncontroverted evidence was that appellant did not have actual possession of the gun used in the robbery. Vicarious possession of a firearm is not punishable under Section 775.087(2), Florida...

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