Bradley v. State, AE-378
| Decision Date | 05 May 1982 |
| Docket Number | No. AE-378,AE-378 |
| Parties | Levi Anthony BRADLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.
This appeal is from a final judgment and sentence adjudicating appellant, Levi Anthony Bradley, guilty of the armed robbery of a Big "B" Cleaners. The final judgment was from a jury verdict finding Bradley guilty as charged. Bradley was subsequently sentenced to fifteen years in prison including the imposition of a minimum mandatory incarceration of three years based on his possession of a firearm during the commission of the crime. This Court finds no error in the proceedings below and affirms the final judgment and sentence entered by the trial court.
The final point on appeal requires this Court to clarify an aspect of Section 775.087, Florida Statutes (1981), dealing with the three year mandatory incarceration based on the possession of a firearm during the commission of certain crimes. Appellant contends that the three year mandatory minimum sentence was incorrect as there was insufficient proof that he had possession of a firearm during the commission of the crime.
Pertaining to this single point, the facts reveal that Bradley conceived and carried out this transgression solely on his own. Appellant was identified as being the robber and the jury so found. Eyewitness testimony placed Bradley at the cash drawer behind the counter in the Big "B" Cleaners. The regular employee of the cleaners was lying on the floor, and in front of the cash drawer on a high stool was a pistol. The eyewitness, an off-duty police officer who had stopped at the drive-in window of the cleaners, did not see the pistol in Bradley's hand. The employee who was on the floor did not appear at the trial because he had missed his airplane. When the policeman emerged from his car, Bradley vaulted the counter and sped from the premises carrying with him the fruits of his crime but leaving the firearm undisturbed on the stool. The firearm upon later examination yielded no identifiable fingerprints and revealed that the serial number had been filed off.
The cases relied on by appellant are of no assistance to the issue sub judice, which is whether, under these facts and circumstances, Bradley may be found guilty of having had possession of a weapon or firearm during the commission of the...
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Mitchell v. State, 95-02169
...recovered and introduced into evidence. Circumstantial evidence can be sufficient to establish the use of a firearm. Bradley v. State, 413 So.2d 1248 (Fla. 1st DCA 1982); T.T. v. State, 459 So.2d 471 (Fla. 1st DCA 1984); Meyer v. State, 498 So.2d 554 (Fla. 4th DCA 1986); Council v. State, 6......
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Menendez v. State, BR-378
...evidence of actual possession of a firearm may be used for the purpose of mandatory minimum sentencing. See Bradley v. State, 413 So.2d 1248 (Fla. 1st DCA 1982); Whitehead v. State, 446 So.2d 194, 196 (Fla. 4th DCA 1984). In Bradley, this court approved a three-year mandatory sentence, base......
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State v. Smith
...the defendant 'had in his possession' the ... rifle within the meaning of Section 775.087(2)." Id. at 383. See also Bradley v. State, 413 So.2d 1248 (Fla. 1st DCA 1982) (proof that firearm "was physically available, readily accessible, within the reach of [defendant's] hand, capable of bein......
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Aikens v. State
...properly imposed the consecutive mandatory sentences. Vause; Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980); Bradley v. State, 413 So.2d 1248 (Fla. 1st DCA 1982); State v. Lopez, 408 So.2d 744 (Fla. 3d DCA 1982); State v. De La Rosa, 414 So.2d 26 (Fla. 3d DCA 1982); Kelly v. State, 41......