Opinion
No. 89-00894.
December 7, 1990.
Appeal from the Circuit Court for Hillsborough County; Richard A. Lazzara, Judge.
James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.
We find that the sentencing judge erred in imposing a minimum mandatory three year imprisonment sentence under section 775.087(2), Florida Statutes, for the offense of shooting into an occupied dwelling. Accordingly, the case is remanded with instructions that the trial court enter an appropriate order striking this particular mandatory sentence. In all other aspects, the appellant's judgments and sentences are affirmed.
LEHAN, A.C.J., and HALL and PARKER, JJ., concur.