The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). . . .
. . . defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087 . . . defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087 . . . explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer]. § 775.087 . . .
. . . Whitehead, 472 So.2d 730, 731-32 (Fla. 1985) ("[P]ursuant to section 775.087(1), a first-degree felony . . . (internal citation omitted) (citing § 775.087(1)(a), Fla. Stat. (1983) ; Strickland v. . . .
. . . sentence, arguing that his use of a firearm could not be used to reclassify his offense under section 775.087 . . . Section 775.087(1)(a), Florida Statutes, allows attempted first-degree felonies to be reclassified as . . . However, "[t]he sentence enhancement created in section 775.087(1) is not itself a substantive offense . . . This would apply to any attempt to reclassify under section 775.087(1). . . . See § 775.087(2)(a) 2., Fla. Stat. . . .
. . . (noting that "[a]lthough section 775.087(2) does not contain any explicit language restricting trial . . . would likely be insufficient to impose consecutive sentences under Florida's 10-20-Life statute, § 775.087 . . . overcome the statutory requirement of parole consideration, the legislature in 1999 enacted section 775.087 . . . subsection consecutively to any other term of imprisonment imposed for any other felony offense. § 775.087 . . . I concur as to the expert testimony issue. § 775.087, Fla. Stat. (2015). . . .
. . . and (2) that the trial court erred in imposing consecutive mandatory minimum sentences under section 775.087 . . .
. . . The trial court imposed consecutive minimum-mandatory sentences under section 775.087(2), Florida Statutes . . .
. . . POSSESSION OF A [FIREARM] [DESTRUCTIVE DEVICE] [AND DISCHARGE] [CAUSING [GREAT BODILY HARM] [DEATH]] § 775.087 . . . If you find that (defendant)committed (felony identified in §775.087(2)(a)3, Fla. . . . If you find that (defendant)committed (felony identified in § 775.087(2)(a)2, Fla. . . . If you find that (defendant)committed (felony listed in § 775.087(2)(a)1, Fla. . . . See § 775.087(4), Fla. Stat. . . .
. . . was subsequently charged with one count of manslaughter with a weapon under sections 782.07(1) and 775.087 . . .
. . . State, 48 So.3d 740, 742 (Fla. 2010) (holding that under section 775.087, Florida Statutes, "the trial . . .
. . . trial court sentenced Cooper to a minimum mandatory term of 20 years in prison pursuant to section 775.087 . . .
. . . imposing on six of those sentences a mandatory minimum term of ten years' imprisonment pursuant to section 775.087 . . . (2015) ; and one count of attempted burglary of a conveyance "with a deadly weapon," see §§ 810.02, 775.087 . . . In addition, although the attempted-burglary-of-a-conveyance charge generally cited section 775.087, . . . that general citation was insufficient to notify Agenor of the potential applicability of section 775.087 . . . See § 775.087(2)(a)(1). . . .
. . . . § 775.087(2)(a)(i) because the State's charging document failed to allege that he personally possessed . . . physical possession of the firearm during the commission of the felony before the court can impose the § 775.087 . . .
. . . a firearm of the victim's purse and its contents in violation of subsections 812.13(1), (2)(a) and 775.087 . . .
. . . count of robbery with a firearm and one count of attempted robbery with a firearm contrary to section 775.087 . . . The State initially sought imposition of an enhanced sentence under section 775.087, Florida's 10-20- . . .
. . . life sentence imposed against him on count two, aggravated battery with a firearm, pursuant to section 775.087 . . . aggravated battery a firearm was involved, that person is subject to a minimum mandatory sentence. § 775.087 . . . imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison." § 775.087 . . . Additionally, the information only charged Denegal with violating subsection 775.087(2), not subsection . . . 775.087(2)(a)3., as would be required to seek the enhancement. . . .
. . . He argues the twenty-five-year minimum mandatory sentences imposed upon him pursuant to section 775.087 . . . aggravated battery a firearm was involved, that person is subject to a minimum mandatory sentence. § 775.087 . . . Here, the information charged that Espinoza: [i]n violation of Florida Statutes 784.045(1)(a) and 775.087 . . . (2), not subsection 775.087(2)(a)3. as required. . . . See § 775.087(2)(a) 1., Fla. Stat. (2003). REVERSED and REMANDED, with Instructions. . . .
. . . structure" are qualifying offenses under the prison releasee reoffender provisions of section 775.082); § 775.087 . . .
. . . Supreme Court clarified the current state of the law with regards to consecutive sentencing under section 775.087 . . . The Florida Supreme Court ruled that consecutive sentencing under section 775.087(2)(d) is not available . . .
. . . Section 775.087(1), Fla. . . . ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed." § 775.087 . . . with a felony involving the 'use' of a weapon, his or her sentence cannot be enhanced under section 775.087 . . . Second, the judgment incorrectly references § 775.087. . . .
. . . See § 775.087(2)(a)1.f., (2)(a)3., Fla. Stat. (2007). . . . Based on the jury's verdict, the minimum mandatory sentencing range permitted under section 775.087(2 . . . The 25-year to life minimum mandatory range under section 775.087(2)(a)3. . . .
. . . . § 775.087(2)(a), Fla. Stat. . . . The State did not reclassify the aggravated battery to a first-degree felony under section 775.087(1) . . .
. . . The court declared section 775.087, Florida Statutes, the statute requiring a mandatory minimum, unconstitutional . . . requiring individualized sentencing consideration for juveniles and periodic reviews, supersedes section 775.087 . . . death or great bodily harm, the juvenile must be sentenced to a twenty-five-year mandatory minimum. § 775.087 . . . sentencing proceeding, the trial court is required to impose the mandatory minimum sentence under section 775.087 . . .
. . . the maximum sentence permitted, which was a forty-year minimum-mandatory sentence pursuant to section 775.087 . . .
. . . We reject the juvenile's argument that we should analogize section 790.22(9), with section 775.087(1) . . . The two relevant subsections of section 775.087, Florida Statutes (2017), Florida's 10-20-Life statute . . . See § 775.087(1), Fla. . . . (emphasis added) ); § 775.087(2)(a), Fla. . . .
. . . . § 775.087(1), Fla. Stat. (2016). . . .
. . . Raymond was convicted under sections 784.04(2), 777.04(1), 775.087(1), 775.087(2)(a)1., and 775.087(2 . . .
. . . enhancing a defendant's sentence to a higher degree under Florida's reclassification statute, section 775.087 . . . Second District in Gonzalez , which held an automobile may not be considered a weapon under section 775.087 . . . (c) In the case of a felony of the third degree, to a felony of the second degree. § 775.087(1), Fla. . . . This Court then determined that "the obvious legislative intent reflected by section 775.087 is to provide . . . CONCLUSION In conclusion, we hold that an automobile is a weapon under section 775.087(1) if it is used . . . . § 775.087(1), Fla. Stat. (2011). . . . approval the reasoning of the district court that "[t]he obvious legislative intent reflected by section 775.087 . . . In the reclassification statute, the Legislature chose to use the phrase "any weapon or firearm." § 775.087 . . . Compare § 775.087(1), Fla. Stat. (2011), with § 775.087(1), Fla. Stat. (1991). . . .
. . . 1352) with attempted first degree murder with a firearm, which is a life felony pursuant to section 775.087 . . .
. . . day-for-day provision from mandatory minimum sentence after comparing the language from sections 316.1935(6), 775.087 . . .
. . . See § 775.087(2)(d), Fla. . . . attempted second-degree murder is a second-degree felony, punishable by a maximum of fifteen years); § 775.087 . . .
. . . See § 775.087(2)(a)3., Fla. . . . See § 775.087(2)(a)1., Fla. . . . So.3d 989, 994 (Fla. 2016), the Florida Supreme Court held that "under the plain language of section 775.087 . . .
. . . The 10-20-Life statute, which is codified in section 775.087 of the Florida Statutes, provides for mandatory . . .
. . . In 1997, we considered the application of section 775.087(2)(a), Florida Statutes (1993), where a defendant . . . State , 186 So.3d 989 (Fla. 2016), we considered the application of section 775.087(2)(d), Florida Statutes . . . Specifically, we held "that, under the plain language of section 775.087(2)(d), consecutive mandatory . . . Together, these cases state that section 775.087(2)(d), Florida Statutes (2014), mandates consecutive . . . Section 775.087(2)(d) neither mandates nor permits consecutive sentences for crimes committed in a single . . . , 996 (Fla. 2016) (Polston, J., dissenting), I have concluded that "[t]he plain language of section 775.087 . . . State , 186 So.3d 989, 995-96 (Fla. 2016) (Canady, J., concurring in result), I conclude that section 775.087 . . .
. . . section 921.0023 because of a reclassification of the degree of felony under section 775.0845, section 775.087 . . . offense severity level may result from a reclassification of felony degrees under sections 775.0845, 775.087 . . . convicted of committing , or attempting to commit , any felony other than those enumerated in subsection 775.087 . . . convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087 . . . Provisions: Firearm ___ It is further ordered that the 3 year minimum imprisonment provision of section 775.087 . . .
. . . the trial court imposed a ten-year mandatory minimum on the armed burglary count pursuant to section 775.087 . . .
. . . mandatory sentence for actual possession of a firearm does not apply because this crime is not listed in § 775.087 . . .
. . . Pursuant to section 775.087(2) (the 10-20-Life statute), the jury also found that he actually possessed . . . In Morgan, we held "that section 775.087(2)(d) unambiguously requires that any mandatory minimum term . . . required by section 775.087(2) - whether the defendant fires a gun, or only carries or displays it - . . . .3d 989 (Fla. 2016), also held that "consecutive mandatory minimum sentences are required by section 775.087 . . . The Fourth District certified the following question of great public importance: Does section 775.087 . . .
. . . See § 775.087(1)(a), Fla. Stat. (1993). . . .
. . . In determining which version of section 775.087 to apply for sentencing, the trial court looked to the . . . See § 775.087(2)(a), Fla. Stat. (2013). . . . . § 775.087(2)(a), Fla. Stat. (2017). . . . Section 775.087, Florida Statutes (2013). . . . See §§ 775.087(6), Fla. Stat. (2014) (eff. June 20-30, 2014), 775.087(6), Fla. Stat. (2014) (eff. . . .
. . . Additionally, pursuant to section 775.087(2), Florida Statutes (2006), the court imposed a twenty-five-year . . . Section 775.087(2), commonly referred to as the "10-20-Life" statute, provides in pertinent part: (a) . . . See § 775.087(2)(a) 2.-3., Fla. Stat. (2006). . . . Both crimes are among those listed in section 775.087(2)(a) to require the imposition of a minimum mandatory . . . "[T]he imposition of a mandatory minimum sentence under section 775.087(2) is a non-discretionary duty . . .
. . . . §§ 775.087(1)(b), 782.07(1), Fla. Stat. (2015). § 812.13(2)(b), Fla. Stat. (2015). . . .
. . . At that hearing, the trial court analyzed section 775.087, Florida Statutes (2017), under which Edwards . . . State, 186 So.3d 989 (Fla. 2016), "[c]onsecutive sentencing is not mandatory under [ section 775.087 . . . believed that consecutive minimum mandatory sentences were required rather than permissible under section 775.087 . . . State, 186 So.3d 989 (Fla. 2016) (holding that section 775.087 permits but does not require consecutive . . .
. . . second-degree murder with a deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087 . . .
. . . also received mandatory minimum terms of ten years and three years on count eight pursuant to sections 775.087 . . . the ten-year mandatory minimum sentence imposed on count eight for his possession of a firearm, see § 775.087 . . .
. . . (Fla. 2016) , we held that the imposition of consecutive mandatory minimum sentences under section 775.087 . . . The legislature has been crystal clear in stating the intent behind section 775.087 -"that offenders . . . or attempt to use firearms or destructive devices be punished to the fullest extent of the law ." § 775.087 . . . This policy is further underscored by the statement of legislative intent in section 775.087, which was . . . 538-42, Laws of Fla., and the accompanying increase to the mandatory minimum sentence under section 775.087 . . . I do not agree with the majority that section 775.087, Florida Statutes, altered the common law. . . . or attempt to use firearms or destructive devices be punished to the fullest extent of the law," § 775.087 . . . Stat., and stretching those words to now authorize something that neither section 775.087 nor section . . . Fla. 2007) ("The Fourth District further concluded that the legislative intent expressed in section 775.087 . . .
. . . Appellant was convicted of first degree murder with a firearm under sections 775.087 and 782.04, Florida . . .
. . . If the primary offense is a violation of s. 775.087(2)(a)2. or s. 775.0875(1), or of the Law Enforcement . . . Similarly, see § 775.087, Fla. . . .
. . . . § 775.087(2)(a)1., Fla. . . . 128 So.3d 87, 87-88 (Fla. 1st DCA 2013) ("In order to enhance a defendant's sentence under section 775.087 . . . on December 11, 2003, contrary to the provisions of Sections 790.23(1)(a) [felon in possession] and 775.087 . . . paragraph stated that Appellant's actions were "contrary to the provisions of Sections 790.23(1)(a) and 775.087 . . . The sentence enhancement created in section 775.087(1) is not itself a substantive offense or an element . . .
. . . As amended, two special finding forms pertaining to felony reclassification under section 775.087, Florida . . . Special finding forms #6 and #7 below refer to § 775.087, Fla. Stat. . . . Special finding form regarding § 775.087(1), Fla. Stat. . . . Special finding form regarding § 775.087(2), Fla. Stat. . . .
. . . because the trial court improperly imposed consecutive mandatory minimum sentences pursuant to section 775.087 . . .
. . . He was charged under the section 775.087, Florida Statutes (2014) ("10/20/Life Statute"); each count . . .
. . . The court accepted Appellant's open plea and applied section 775.087(2), Florida Statutes (2010), part . . . In Walton I , we concluded that section 775.087(2) required the imposition of consecutive mandatory minimum . . . its opinion in Williams , where it stated that a consecutive mandatory minimum sentence under section 775.087 . . . See § 775.087(2)(a)(1)(f) & (r), Fla. Stat. (2012). . . .
. . . James was convicted following a jury trial, and the trial court sentenced him pursuant to section 775.087 . . . Section 775.087 is commonly referred to as the 10-20-Life statute. . . .
. . . We write only to address his argument that the 2016 version of section 775.087(2)(a), Florida Statutes . . . minimum sentence of twenty years when a firearm was discharged during the commission of the felony. § 775.087 . . . Whether section 775.087, Florida Statutes (2016), applies to Appellant's sentences is a question of law . . .
. . . robbery with a firearm (Counts 2 through 6), to be imposed consecutively to each other under section 775.087 . . . aggravated battery with a firearm included a mandatory minimum term of ten years, pursuant to section 775.087 . . . failed to include in its oral pronouncement the ten-year mandatory minimum term required by section 775.087 . . . although the trial court was required to impose the mandatory minimum sentence pursuant to section 775.087 . . .
. . . See § 775.087(2)(a)1., Fla. . . . reclassified to a felony of the second degree under the 10-20-Life statute because he used a firearm. § 775.087 . . . See § 775.087(2)(a)1. . . .
. . . See § 775.087(2)(a), Fla. Stat. (2012). . . . See § 775.087(2)(a). . . .
. . . . § 775.087(2)(d), Fla. Stat. (2016) (emphasis added). . . .
. . . another scrivener's error in Count I, where the trial court erroneously removed the reference to section 775.087 . . .
. . . years' imprisonment, which included a three-year mandatory minimum sentence as provided by section 775.087 . . . six-year offer because it did not include the three-year mandatory minimum sentence required by section 775.087 . . .
. . . . §§ 775.082(3)(b), 777.04(4)(c), 782.04(2), 775.087(1), Fla. Stat. (2011). . . . was sentenced to life in prison with a twenty-five year mandatory minimum term pursuant to section 775.087 . . . The trial court had the discretion, pursuant to section 775.087(2)(a) 3, to impose a mandatory minimum . . . Here, Appellant's life sentence was not imposed pursuant to section 775.087(2), and there does not appear . . .
. . . . §§ 787.01, 775.087 (1991) ); and (v) a 2005 conviction for resisting an officer with violence ( Fla . . .
. . . . § 775.087(2)(a)2., Fla. Stat. (2016). Nelson v. State , 274 So.2d 256 (Fla. 4th DCA 1973). . . .
. . . Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence . . .
. . . addition, the trial court did not apply any firearm-related sentencing enhancement pursuant to section 775.087 . . .
. . . Because section 775.087, Florida Statutes (2000), applied, the trial court classified the offense as . . . Section 775.087 is known colloquially as the 10-20-Life statute. . . . . updated presentence investigation report (PSI); (3) that a minimum mandatory sentence under section 775.087 . . .
. . . court, sentenced Cooper to a minimum mandatory term of 20 years with the, DOC pursuant to section ■775.087 . . .
. . . sentence, he concedes that he was properly sentenced to twenty years in prison pursuant to section 775.087 . . . See 775.087(2)(a)2., Fla. . . .
. . . See § 775.087(2), Fla. Stat. (2015) ; Young v. . . . 543 (Fla. 2d DCA 2012) ("[I]n order for a court to enhance a defendant's sentence based on section 775.087 . . .
. . . . § 775.087(2)(a)3, Our present record is not sufficiently developed to determine whether Rhagnanan is . . .
. . . In Mendenhall, we concluded that a very similar mandatory “25 to life” provision in section 775.087, . . . In nearly identical fashion, section 775.087(2)(c) of the 10-20-Life statute provides: If the minimum . . . Namely, we noted that section 775.087(2)(a)3., which set forth the mandatory minimum for the crime at . . . Id. at 748 (quoting § 775.087(2)(a)3„ Fla. Stat. (2004)). . . . And this Court expressly “conclude^] that 'the trial court has discretion under section 775.087(2)(a) . . . a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.” with § 775.087 . . .
. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . . Under section 775.087(2)(a)(3), if the jury finds beyond a reasonable doubt that the defendant committed . . . unnecessary because the trial court- imposed a life sentence under both section 782.065 and section 775.087 . . . However, the sentencing transcript does not reflect that the trial court knew that under section 775.087 . . .
. . . Subsequent to Christian, the Florida Legislature amended section 775.087, Florida Statutes, to add new . . . subsection consecutively to any other term of imprisonment imposed for any other felony offense. § 775.087 . . .
. . . used, threatened, or attempted to use a weapon, to wit: A FIREARM in violation of s. 782.051(1) and s. 775.087 . . .
. . . a nondiscretionary duty to sentence Burks to a mandatory minimum term of imprisonment under section 775.087 . . . With regard to its unwillingness to impose a mandatory minimum sentence under section 775.087(2)(a)(3 . . . Burks is correct that the trial court was required to sentence him under section 775.087(2)(a)(3), the . . . Section 775.087(2)(d), Fla. . . . McDonald, 957 So.2d at 609 (emphasis in original) (quoting § 775.087(2)(c), Fla. Stat. (2000) ). . . .
. . . Pinkney with four crimes: manslaughter with a firearm, in violation of Florida Statutes §§ 782.07(1), 775.087 . . . ; aggravated assault with a firearm, in violation of Florida Statutes §§ 784.021, 775.087; first degree . . . with assault or battery while armed with a deadly weapon, in violation of Florida Statutes §§ 810.02, 775.087 . . . ; and possession of a firearm by a convicted felon, in violation of Florida Statutes §§ 790.23, 775.087 . . .
. . . trial court imposed a ten-year mandatory minimum sentence pursuant to the 10-20-Life statute, (section 775.087 . . .
. . . All sentences were imposed pursuant to the 2012 version of the 10-20-Life statute, section 775.087(2) . . . Montgomery also asked the court to vacate the mandatory minimum sentences imposed under section 775.087 . . . the 2014 juvenile sentencing statutes supersede the mandatory minimum sentences required by section 775.087 . . . Section 775.087(2)(a)3,, relevant here, provides for a twenty-five-year mandatory minimum: , Any person . . . statute, the trial court must impose a mandatory minimum sentence of twenty-five years under section 775.087 . . . would affirm Appellant’s sentence, and would not reach the interplay between sections 921.1402 and 775.087 . . . of the majority’s reasoning, I agree with the majority’s ultimate reading of sections 921.1402 and 775.087 . . .
. . . See § 775.087(2)(a)(3), Fla. Stat. (2013). . . . , Florida Statutes (2013), of an offense that was reclassified as a life felony pursuant to section 775.087 . . .
. . . The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an . . .
. . . court held, as a matter of law,- that an automobile is not a weapon as that term is used in section 775.087 . . . In that case, the trial court-reclassified a manslaughter conviction, pursuant to section 775.087(1), . . . The trial court reclassified the offense to a first-degree felony pursuant to section 775.087(1) based . . . On appeal, this court reversed, holding that pavement is not a weapon pursuant to section 775.087(1), . . . carries, displays, uses, threatens to use, or attempts to use any weapon or firearm.” § 775.087(1), . . .
. . . battery was improperly reclassified from a second-degree felony to a first-degree felony under section 775.087 . . . conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087 . . .
. . . certifying conflict with the Second District Court of Appeal’s definition of a “weapon” as to section 775.087 . . . The reclassification statute, section 775.087(1), Florida Statutes, enhances the degree of a felony to . . . Recently, the Second District Court of Appeal concluded that an automobile was not a weapon under section 775.087 . . . Our sister court agreed and held that an automobile is not a weapon under section 775.087(1). . . . at issue in Burris, which enhances a robbery conviction when a deadly weapon is “carried,” section 775.087 . . .
. . . manslaughter with a firearm was subject to reclassification as a first-degree felony under section 775.087 . . . prohibition against applying a habitual offender enhancement to a felony already reclassified under section 775.087 . . .
. . . Clark also alleges that “section 775.087(1) does not permit vicarious enhancement.” Second; Mr. . . . attempted first degree murder with a firearm” was sufficient to support reclassification under section 775.087 . . . Rodriguez, 602 So.2d 1270, 1271 (Fla. 1992) (“[S]ection 775.087(1) does not, by its terms, allow for . . .
. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . . sentences imposed for two “qualifying felonies” pursuant to thé 10-20-Life statute as codified in section 775.087 . . . State charged appellant pursuant to the 10-20-Life statute only on the home invasion robbery count. § 775.087 . . .
. . . See §’ 775.087(l)(a), Fla. Stat.'(1989). . . .
. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . .
. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . .
. . . sentenced to a three-year mandatory minimum sentence under the sentencing enhancement provided in section 775.087 . . . order to sentences defendant to a mandatory minimum sentence under the enhancement provision in section 775.087 . . . must be re-sentenced in Count 2 without application of the sentencing enhancement provision in section 775.087 . . .
. . . Section 775.087(6), Florida Statutes (2014), was enacted effective July 1, 2014. . . . Prior to the enactment of section 775.087(6), no exception was provided and trial courts were required . . . See § 775.087, Fla. Stat. (2016). . . .
. . . See §§ 775.087(1)(b), 777.04(4)(c), 782.04(2), Fla. Stat. (2007). . . . on probation, with a 25-year minimum mandatory imposed pursuant to the 10-20-Life statute, section 775.087 . . . Here, the appellant’s 50-year total sentence was not imposed pursuant to section 775.087(2), and there . . .
. . . Due to his use of a gun, the court sentenced the defendant to concurrent life sentences under section 775.087 . . .
. . . 205 So.3d 883 (Fla. 5th DCA 2016) (holding that concurrent sentences must be imposed under section 775.087 . . .
. . . State, 106 So.3d 522 (Fla. 1st DCA 2013) (Walton I), which held that mandatory mínimums under section 775.087 . . . See also Walton II, 208 So.3d at 64; § 775.087(2)(d), Fla. Stat. . . . with the sentence for count 1, both counts imposing mandatory minimum sentences pursuant to section 775.087 . . .
. . . but did not “actually possess” a firearm during the commission of the offense, pursuant to section 775.087 . . . Section 775.087(1) allows for reclassification of an offense if the defendant carries any weapon or firearm . . . Section 775.087(2)(a)l. further “enhances the sentence of a defendant who ‘actually possessed’ a firearm . . . ready access to it and the defendant had the intent to use it during the commission of the crime. § 775.087 . . . Because “possession” is defined differently in the jury instructions for violations of sections 775.087 . . .
. . . 205 So.3d 883 (Fla. 5th DCA 2016) (holding that concurrent sentences must be imposed under section 775.087 . . .