Rock v. State
The Fourth DCA affirmed a felon-in-possession-of-a-firearm conviction based on sufficient evidence of constructive possession, but reversed the three-year mandatory minimum sentence under section 775.087(2)(a)1., holding the State failed to prove 'actual possession' or that the firearm was within the defendant's immediate reach with intent to use it during the offense. The court reaffirmed that while either actual or constructive possession supports the underlying conviction, only actual possession (or reach-plus-intent) supports imposition of the mandatory minimum.
Key facts
- Defendant was convicted of felon-in-possession-of-a-firearm based on evidence of constructive possession of the firearm.
- The trial court imposed a three-year mandatory minimum sentence under section 775.087(2)(a)1.
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Why it matters
This opinion is a useful, citable reaffirmation that the actual-possession standard for the section 775.087(2)(a)1. mandatory minimum is distinct and more demanding than the constructive-possession standard sufficient… — full analysis with a trial
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