Lang v. State, 1D05-3697.

• Decision Date: 08 November 2006
• Docket Number: No. 1D05-3697.,1D05-3697.
• Citation: 941 So.2d 528
• Parties: Nickalist Mares LANG, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

941 So.2d 528

Nickalist Mares LANG, Appellant, v. STATE of Florida, Appellee.

No. 1D05-3697.

District Court of Appeal of Florida, First District.

November 8, 2006.

Nancy A. Daniels, Public Defender, and John B. Kelly, III, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant's conviction for possession of a firearm by convicted felon and the overall sentence imposed are affirmed. However, because appellant was not charged with or proven to have been in actual possession of the firearm — as required by section 775.087(4), Florida Statutes (2005) — we reverse the three-year mandatory minimum sentence imposed pursuant to that statute, and remand with directions to strike that portion of the sentence. See Cook v. State, 816 So.2d 267 (Fla. 1st DCA 2002). Appellant need not be present for resentencing. See Irons v. State, 851 So.2d 798 (Fla. 2d DCA 2003).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

BROWNING, C.J., DAVIS, and LEWIS, JJ., concur.