JOHN EDGAR WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN EDGAR WILSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
542 So. 2d 433
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
REVERSED AND REMANDED.
Admission of hearsay testimony concerning two absent psychological experts’ conclusions respecting appellant’s sanity was prejudicial. The prejudice was not overcome by the trial court’s attempt at a curative instruction. Inasmuch as we cannot say that the error was harmless, we must reverse. See State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla.1986).
Additionally, we observe that section 775.087(2), Florida Statutes (1987), establishes no minimum mandatory sentence for a defendant’s possession or use of a firearm while perpetrating a manslaughter. Murray v. State, 491 So. 2d 1120 (Fla.1986).
GLICKSTEIN and POLEN, JJ., and ESQUIROZ, MARGARITA, Associate Judge, concur.
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Daniels v. State, 569 So. 2d 1387 (Fla. 4th DCA 1990)…iels appeals. Upon review of the record and authorities we affirm Daniel’s conviction. However, we reverse and vacate that portion of the sentence which imposed a three year mandatory minimum sentence. We do this upon authority of Wilson v. State, 542 So. 2d 433 (Fla. 4th DCA 1989) because the mentioned statute does not apply to manslaughter. The State concedes that the imposition of the three year mandatory minimum sentence was error. AFFIRMED IN PART; REVERSED IN PART. WALDEN, GUNTHER and POLEN, JJ.,…
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Xevrick J. Latimore v. State (Fla. 5th DCA 2020)…life in prison.” § 775.087(2)(a) 1., 3., Fla. Stat. (2001). These mandatory minimums do not apply when a defendant possessed or used a firearm 2 while perpetrating a manslaughter. See § 775.087(2)(a)1., Fla. Stat. (2001); see also Wilson v. State, 542 So. 2d 433, 434 (Fla. 4th DCA 1989). To pursue an enhanced mandatory sentence as the 10-20- Life statute [prescribes], the state must allege the grounds for enhancement in the charging document. The statutory elements for such enhancement must be precisely ch…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Murray v. State, 491 So. 2d 1120 (Fla. 1986)