ELLEN ROZIER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant, Ellen Rozier, presents two points on appeal of her conviction and sentence for manslaughter. Only one point has merit, to wit: the trial court erred in sentencing her to five years imprisonment and then invoking Section 775.087(2), Florida Statutes (1975) by further ordering that she shall not be eligible for parole until she has served three calendar years of the sentence.
Manslaughter for which defendant was convicted clearly is not one of the crimes specified in Section 775.087(2), Florida Statutes which provides for a mandatory three year sentence upon conviction of the offenses listed therein when a firearm is used. Brewer v. State, 343 So. 2d 628 (Fla. 4th DCA 1977); Biles v. State, 349 So. 2d 662 (Fla. 4th DCA 1977).
Accordingly, the provision of the sentence requiring a minimum sentence of three years during which defendant would not be eligible for parole is hereby stricken. The judgment and sentence of the trial court are affirmed in all other respects.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Strahorn v. State, 436 So. 2d 447 (Fla. 2d DCA 1983)…1981), as requiring the three year minimum mandatory sentence. We agree that manslaughter is not considered to be included within the category of “any murder” listed in that statute. Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977); Rozier v. State, 353 So. 2d 193 (Fla. 3d DCA 1977). Therefore, we reverse and remand to the trial court for entry of a sentence which omits the three year mandatory sentence. [*450] AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR ENTRY OF CORRECTED SENTENCE. HOBSON, A.C.J.,…
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Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986)…er 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 of a sentence which omits the three year mandatory sentence. It is also noted sua sponte that the tri…
Authorities Cited
- Brewer v. State, 343 So. 2d 628 (Fla. 4th DCA 1977)
- Dixie Belle Biles v. State, 349 So. 2d 662 (Fla. 4th DCA 1977)