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Bolden v. State, Case No. 1D08-1706 (Fla. App. 3/19/2009) (Fla. App., 2009)

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ANTWAN BOLDEN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D08-1706. District Court of Appeal of Florida, First District. Opinion filed March 19, 2009. An appeal from the Circuit Court for Duval County, Charles W. Arnold, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant challenges his conviction and sentence for armed burglary. We find no error as to the conviction but determine, as correctly conceded by the State, that there was insufficient evidence establishing that appellant was in actual possession of a firearm during the burglary. Accordingly, we affirm the judgment and life sentence but strike the mandatory minimum portion of the sentence and remand for the trial court to correct the sentence...continue to full post

Full post as published by Florida Criminal Law Opinions on March 19, 2009 (boomark / email).