Summary
holding that there must be statutory authority for imposition of mandatory minimum sentence
Summary of this case from Jones v. StateOpinion
No. 94-00422.
April 28, 1995.
Appeal from the Circuit Court, Pinellas County, Stanley R. Mills, J.
William B. Bennett of Kidder, Gurley Bennett, New Port Richey, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne E. Sheer, Asst. Atty. Gen., Tampa, for appellee.
Smith appeals his judgments and sentences for simple robbery and planting a hoax bomb. We affirm Smith's convictions, but remand to the trial court to correct the sentences. Smith was sentenced to four and one-half years' imprisonment for each offense with a three-year minimum mandatory term for each offense. There is no statutory authority for imposing a three-year minimum mandatory sentence for simple robbery. However, the statute in effect at the time of Smith's offense that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year minimum term of imprisonment for violating subsection (3) of the statute.
The minimum mandatory provision of the statute was deleted by chapter 93-406, section 20, Laws of Florida, and provided for applicability to offenses committed on or after January 1, 1994. This offense was committed in 1993.
We affirm both convictions and sentences of four and one-half years. We remand to the trial court to strike the three-year minimum mandatory sentence imposed on the robbery conviction and to correct the written sentence for planting a hoax bomb to reflect that a minimum mandatory sentence of three years is imposed pursuant to section 790.165(3), Florida Statutes (1991) and not section 775.087(2) as indicated on the written sentence.
Affirmed; remanded.
CAMPBELL, A.C.J., and PATTERSON, J., concur.