Opinion
No. 3D99-2303.
July 5, 2001. Rehearing and/or Certification Denied December 12, 2001.
An appeal from the Circuit Court for Miami-Dade County, Jerald Bagley, Judge.
Bennett H. Brummer, Public Defender, and Dorothy F. Easley, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.
Before GERSTEN and SHEVIN, JJ., and NESBITT, Senior Judge.
We affirm defendant's convictions, Jenkins v. State, 747 So.2d 997, 998 (Fla. 5th DCA 1999) ("the evidence was sufficient for a jury to find that the automobile was used as a weapon."), review dismissed, 781 So.2d 1083 (Fla. 2001), however, we strike the portion of the sentence that imposes a three-year-minimum-mandatory sentence for possession of a firearm.See § 775.087(2), Fla. Stat. (1997).
Convictions affirmed; three-year-minimum-mandatory sentence vacated.