Opinion
Case No. 96-3045
Opinion filed December 3, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 94-5698 CF 10C.
Richard L. Jorandby, Public Defender, and Ronald S. Chapman, Special Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Eugene Clark, appeals from his conviction and sentence for armed kidnapping, armed robbery, and armed burglary. We affirm in all respects, but we reverse Appellant's sentence and remand for resentencing. Since there was no evidence presented at trial that Appellant had personally used a weapon in committing the crimes charged, it was error for the trial court to enhance Appellant's sentence based on the fact that co-defendants used a firearm during the commission of the crimes charged. See State v. Rodriguez, 602 So.2d 1270, 1272
(Fla. 1992); Williams v. State, 622 So.2d 456, 465 (Fla. 1993).
AFFIRMED IN PART; REVERSED IN PART;AND REMANDED.
STONE, C.J., GUNTHER and SHAHOOD, JJ., concur.