Opinion
No. 82-1755.
October 4, 1983.
Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.
Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
We affirm the appellant's conviction on the authority of Parrish v. State, 366 So.2d 530 (Fla. 3d DCA 1979), but reverse the three-year minimum mandatory term of imprisonment and remand to the trial court with directions to vacate that portion of the sentence, see Earnest v. State, 351 So.2d 957 (Fla. 1977); Postell v. State, 383 So.2d 1159 (Fla. 3d DCA 1980).
Affirmed in part, reversed in part and remanded with directions.