Opinion
No. 88-1909.
August 31, 1989.
Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.
Jerry A. Burns, North Miami, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant was convicted of being a principal to armed robbery, a principal to attempted armed robbery and carrying a concealed firearm. He was sentenced within the guidelines to 4 1/2 years with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985).
We find merit only in appellant's assertion that the 3-year minimum mandatory sentence cited above does not apply to vicarious possession of a weapon. The state concedes that this was error.
Accordingly, the judgment and sentence of the court below is affirmed except for the imposition of the 3-year minimum mandatory sentence imposed pursuant to section 775.087(2) which portion is vacated.
Judgment AFFIRMED; sentence AFFIRMED in part, VACATED in part.
GOSHORN, J., and EATON, O.H., Jr., Associate Judge, concur.