EMMA JEAN AKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a conviction and sentence for manslaughter. The appellant claims that the proof of identity of the victim was insufficient and that the imposition of a mandatory three year minimum sentence under Section 775.087, Florida Statutes (1975) was error. We find the evidence sufficient as to the identity of the victim. However, Section 775.087, prescribing a mandatory minimum sentence of three years for certain offenses when a firearm is involved, does not apply to manslaughter. Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977). Accordingly, this cause is reversed with directions that the appellant’s sentence be amended to omit the mandatory three year provision. The appellant need not be present when the sentence is amended.
REVERSED WITH DIRECTIONS.
CROSS, ANSTEAD and LETTS, JJ., concur.
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Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986)…not include manslaughter. Since manslaughter is not specifically included in the enumerated offenses under section 775.-087(2), the minimum mandatory provision may not be applied. Strahorn v. State, 436 So. 2d 447 (Fla. 2d DCA 1983); Akins v. State, 366 So. 2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977); Rozier v. State, 353 So. 2d 193 (Fla. 3d DCA 1977); Biles v. State, 349 So. 2d 662 (Fla. 4th DCA 1977). Therefore, we vacate the sentence and remand to the trial court for entry…
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Cleveland Arnold v. State, 421 So. 2d 192 (Fla. 4th DCA 1982)…PER CURIAM. Appellant’s conviction for manslaughter is affirmed, but the sentence which included a mandatory three year minimum is vacated. See Akins v. State, 366 So. 2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977). Accordingly, the cause is remanded for resentencing. Appellant, however, need not be present at the resentencing. Affirmed, but remanded for resentenc-ing. HURLEY and DELL, J…
Authorities Cited
- Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977)