Sammons v. State

Docket: 84-2750

Court: District Court of Appeal of Florida; January 30, 1986; Florida; State Appellate Court

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Herman Esry Sammons appealed his conviction and sentence for conspiracy to traffic in cannabis, trafficking in cannabis, and carrying a concealed firearm during the commission of a felony. The District Court of Appeal of Florida, Second District, found no merit in Sammons' first three contentions on appeal, referencing relevant case law. However, the court agreed with Sammons' fourth contention regarding the imposition of a three-year mandatory minimum sentence under section 775.087(2) of the Florida Statutes for carrying a concealed weapon. The court ruled that this sentence was unauthorized since the defendant did not commit any crimes specified in that statute. Consequently, the court struck the mandatory minimum sentence while affirming the other aspects of the conviction. The decision was concurred by Campbell, A.C.J., and Hall, J.