ANDERSON v. STATE (1997)

District Court of Appeal of Florida,Fifth District.

Donnie ANDERSON, Appellant, v. STATE of Florida, Appellee.

No. 96-1961.

Decided: April 04, 1997

James G. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. No appearance for Appellee.

In this Anders appeal ¹ we strike the three year minimum mandatory provision in appellant's sentence for possession of a firearm by a convicted felon. The convicted felon firearm offense is not one of the enumerated felonies in the statute which requires a minimum mandatory term for possession of a firearm. See § 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So.2d 534 (Fla. 2d DCA 1984). In all other respects, the judgment and sentences in this appeal are affirmed.

MINIMUM MANDATORY TERM STRICKEN; AFFIRMED AS MODIFIED.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

DAUKSCH, W. SHARP and THOMPSON, JJ., concur.

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