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Fountaine v. State

District Court of Appeal of Florida, First District
Mar 10, 2005
895 So. 2d 535 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D01-3559.

March 10, 2005.

An appeal from the circuit court for Baker County. George H. Pierce, Judge.

Nancy A. Daniels, Public Defender; Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Sherri T. Rollison, Assistant Attorney General, Tallahassee, for Appellee.


Convicted of first-degree murder and armed robbery with a firearm, appellant appeals. We affirm both convictions. However, we must vacate the mandatory life sentence imposed pursuant to section 775.087(2)(a)(3), Florida Statutes (1999), for the armed robbery conviction and remand for resentencing because the indictment did not charge, and the jury did not find, that a firearm was discharged resulting in death or great bodily harm. See, e.g., Jackson v. State, 852 So.2d 941 (Fla. 4th DCA 2003), review denied, 869 So.2d 540 (Fla. 2004).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, BENTON and POLSTON, JJ., Concur.


Summaries of

Fountaine v. State

District Court of Appeal of Florida, First District
Mar 10, 2005
895 So. 2d 535 (Fla. Dist. Ct. App. 2005)
Case details for

Fountaine v. State

Case Details

Full title:Jason Eugene FOUNTAINE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 10, 2005

Citations

895 So. 2d 535 (Fla. Dist. Ct. App. 2005)