From Casetext: Smarter Legal Research

Nelson v. State

District Court of Appeal of Florida, Fourth District
Dec 2, 1998
722 So. 2d 889 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-0158.

December 2, 1998.

Appeal from the Circuit Court, Broward County, C. Randolph Bentley, J.

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.


We affirm the denial of appellant's motion for judgment of acquittal on the charge of carrying a concealed firearm. See L.G. v. State, 693 So.2d 1020, 1021 (Fla. 3rd DCA), rev. denied, 700 So.2d 686 (Fla. 1997); see also State v. Dorelus, 23 Fla. L. Weekly D1831, D1831, 720 So.2d 543 (Fla. 4th DCA 1998).

We reverse the order imposing a mandatory minimum sentence since appellant's crime of carrying a concealed firearm did not statutorily provide for such a sentence. See § 775.087, Fla. Stat. (1997); Anderson v. State, 690 So.2d 749, 750 (Fla. 5th DCA 1997). Due to the potential of requiring appellant to be incarcerated for a greater amount of time than that permitted by law, the improper imposition of a mandatory minimum term constitutes fundamental error. See Powell v. State, 23 Fla. L. Weekly D2310, D2310, 719 So.2d 963, 964 (Fla. 4th DCA 1998); see also Porter v. State, 702 So.2d 257, 258 (Fla. 4th DCA 1997); Whitehead v. State, 446 So.2d 194, 197 (Fla. 4th DCA 1984).

Affirmed in part; reversed and remanded for correction of sentence.

GUNTHER and WARNER, JJ., and OWEN, WILLIAM C, Jr., Senior Judge, concur.


Summaries of

Nelson v. State

District Court of Appeal of Florida, Fourth District
Dec 2, 1998
722 So. 2d 889 (Fla. Dist. Ct. App. 1998)
Case details for

Nelson v. State

Case Details

Full title:Anthony NELSON, Appellant v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 2, 1998

Citations

722 So. 2d 889 (Fla. Dist. Ct. App. 1998)

Citing Cases

Bryant v. State

Although appellant failed to object to the mandatory minimum term at the time of sentencing or file a timely…