B.S.C., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2009-03-20
Nos. 2D08-1964, 2D08-I966
CASANUEVA, SILBERMAN, and KELLY, JJ., Concur.
4 So. 3d 788 Florida District Court of Appeal, Second District (2009) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to any right appellant may possess to file an appropriate motion for collateral relief addressing *789the unauthorized sentence for the count of resisting an officer without violence. See L.D.K. v. State, 34 Fla. L. Weekly D356, — So.3d-, 2009 WL 331662 (Fla. 2d DCA Feb. 10, 2009).

CASANUEVA, SILBERMAN, and KELLY, JJ., Concur.


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  • Rodana Robinson v. State, 16 So. 3d 229 (Fla. 1st DCA 2009)
    …viction but determine that there was insufficient evidence that appellant was in possession of a firearm during the burglary to support imposition of the mandatory minimum sentence under section 775.087, Florida Statutes (2007). See Bolden v. State, 4 So. 3d 788 (Fla. 1st DCA 2009). Accordingly, we affirm the judgment but reverse the imposition of the mandatory minimum sentence and remand to the trial court for resentencing. AFFIRMED in part; REVERSED in part; and REMANDED with instructions. HAWKES, C.J…

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