District Court of Appeal of Florida

A sentence for attempted second degree arson under a statute providing mandatory minimum sentences under particular circumstances is reversed since only actual physical possession of a "destructive device" would support imposition of the mandatory minimum at issue, and neither the verdict nor the jury instructions made a distinction between actual possession and constructive possession.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• STEVENSON, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.