Simmons v. State

5 Citing cases

  1. Grable v. State

    37 So. 3d 989 (Fla. Dist. Ct. App. 2010)   Cited 2 times

    The minimum mandatory sentence provision in section 775.087(2)(a)(1) does not apply to a conviction under section 790.19. See Bradford v. State, 722 So.2d 858, 860 (Fla. 1st DCA 1998); Samuels v. State, 681 So.2d 915, 915-16 (Fla. 4th DCA 1996); see also Simmons v. State, 457 So.2d 534, 535 (Fla. 2d DCA 1984). We also note that the sentence of twenty years' imprisonment for shooting into a building is illegal because the offense is a second-degree felony punishable by a term of imprisonment not exceeding fifteen years.

  2. Anderson v. State

    690 So. 2d 749 (Fla. Dist. Ct. App. 1997)   Cited 2 times

    The convicted felon firearm offense is not one of the enumerated felonies in the statute which requires a minimum mandatory term for possession of a firearm.See ยง 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). In all other respects, the judgment and sentences in this appeal are affirmed.

  3. Sullivan v. State

    599 So. 2d 722 (Fla. Dist. Ct. App. 1992)

    We agree. Possession of a firearm by a convicted felon is not one of the enumerated offenses in section 775.087(2)(a), Florida Statutes (1989), which requires a minimum mandatory sentence. Coleman v. State, 496 So.2d 896 (Fla. 2d DCA 1986); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). Therefore, we remand for resentencing in conformance with the oral pronouncement.

  4. Perkins v. State

    593 So. 2d 324 (Fla. Dist. Ct. App. 1992)

    The mandatory minimum sentences provided for in section 775.087(2) can be applied only to the offenses specifically enumerated therein. See e.g., Kennedy v. State, 564 So.2d 1127 (Fla. 1st DCA 1990); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). DELL, GARRETT and FARMER, JJ., concur.

  5. Coleman v. State

    496 So. 2d 896 (Fla. Dist. Ct. App. 1986)   Cited 7 times

    To impose the possession of a firearm minimum mandatory sentence, the offense for which appellant was sentenced must be among the listed statutory offenses. See Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). Shooting into or within a building is not one of the offenses enumerated under section 775.087(2). It may be, however, that this was a scrivener's error because at sentencing the court pointed out that in this instance the aggravated assault charge carried a three-year minimum mandatory sentence. Lastly, by virtue of a single order, the trial court also placed appellant on probation for the felony convictions of burglary, aggravated assault and shooting into or within a building.