Anderson v. State

Full title: DONNIE ANDERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 4, 1997

690 So. 2d 749 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1961

Opinion filed April 4, 1997

Appeal from the Circuit Court for Marion County, Jack Singbush, Judge.

James G. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.

PER CURIAM.

In this Anders appeal¹we strike the three year minimum mandatory provision in appellant's sentence for possession of a firearm by a convicted felon. The convicted felon firearm offense is not one of the enumerated felonies in the statute which requires a minimum mandatory term for possession of a firearm.See § 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). In all other respects, the judgment and sentences in this appeal are affirmed.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

MINIMUM MANDATORY TERM STRICKEN; AFFIRMED AS MODIFIED.

DAUKSCH, SHARP, W., and THOMPSON, JJ., concur.