Poiteer v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in a rule 3.800(a) motion a defendant must specifically allege prejudice by application of section 775.087(2)
• declining to follow Bell to the limited extent it suggests mere procedural failure to find a factual basis for imposing three-year minimum mandatory is reversible error
• rule 3,800 motion challenging imposition of minimum mandatory on basis that defendant did not possess gun during robberies
• “Perhaps the most common occasion for improper imposition of a mandatory sentence occurs when more than one person engages in an armed felony offense, but where only one actually carries the firearm.”
• “Perhaps the most common occasion for improper imposition of a mandatory sentence occurs when more than one person engages in an armed felony offense, but where only one actually carries the firearm.”
• “[A] defendant may be convicted of robbery with a firearm based on vicarious or constructive possession of the gun (e.g., if it is carried by an accomplice) .... ” (citing Earnest v. State, 351 So.2d 957 (Fla.1977))

Source: CourtListener parenthetical corpus (CC0).