The State of Florida, Appellant, vs. Glenn Smith Mulus, Appellee.
No. 3D06-2121
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
October 31, 2007, Opinion FiledPRIOR HISTORY:Â Â Â [*1]
An Appeal from the Circuit Court for Miami-Dade County, Gill Freeman and Robert M. Deehl, Judges. Lower Tribunal No. 05-35380.
State v. Mulus, 2007 Fla. App. LEXIS 13006 (Fla. Dist. Ct. App. 3d Dist., Aug. 22, 2007)
COUNSEL:Â Â Bill McCollum, Attorney General, and Lisa A. Davis, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellee.
JUDGES:Â Â Before COPE, SUAREZ, and LAGOA, JJ.
OPINIONÂ Â
On Motion for Certification
PER CURIAM.
We certify that we have passed on the following question of great public importance:
WHETHER THE SOLE METHOD FOR IMPOSING A THREE-YEAR MANDATORY MINIMUM SENTENCE FOR POSSESSION OF A FIREARM BY A CONVICTED FELON IS TO ESTABLISH THAT THE DEFENDANT CARRIED THE FIREARM “ON THE PERSON” AS PROVIDED BY SUBSECTION 775.087(4), FLORIDA STATUTES (2005)?
We also certify direct conflict with Cook v. State, 816 So. 2d 267 (Fla. 1st DCA 2002).
Certification granted.