Brown v. State, AS-443

Decision Date21 February 1984
Docket NumberNo. AS-443,AS-443
Citation447 So.2d 321
PartiesUlysses BROWN, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Michael Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.

MILLS, Judge.

This case is before us on appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). One of the convictions for which Brown was sentenced involved a robbery in which he used a knife as a weapon (Case No. 82-6820-CF). Since the robbery did not involve the use of a firearm, the trial court's imposition of the three-year mandatory minimum sentence authorized by Section 775.087(2), Florida Statutes (1981), was improper and is stricken. In all other respects, the convictions and sentences are AFFIRMED.

WENTWORTH, J., and McCORD, GUYTE, P., Jr., (Ret.), Associate Judge, concur.

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2 cases
  • Brown v. State, 97-3151
    • United States
    • Florida District Court of Appeals
    • December 30, 1997
    ...1st DCA 1994); Edgecomb v. State, 587 So.2d 647 (Fla. 1st DCA 1991). We affirmed appellant's sentence on direct appeal. Brown v. State, 447 So.2d 321 (Fla. 1st DCA 1984)(striking only the three-year minimum mandatory sentence on the robbery count that did not involve a firearm). We also hav......
  • Brown v. McNeil
    • United States
    • Florida District Court of Appeals
    • November 17, 2009
    ...and sentences were entered in 1983, and except for the minimum mandatory provisions, affirmed on direct appeal in 1984. Brown v. State, 447 So.2d 321 (Fla. 1st DCA 1984). The 2-year limitation imposed by rule 3.850(b), Florida Rules of Criminal Procedure would thus have expired, with only l......

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