CLARENCE ALLEN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1983-10-12
No. 82-2142
ANSTEAD, C.J., and BERANEK and DELL, JJ., concur.
439 So. 2d 313 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was given three consecutive three year mandatory minimum sentences for three convictions of armed robbery. Two of the convictions arose out of a single episode for which only one mandatory minimum sentence may be imposed. Palmer v. State, 438 So. 2d 1 (Fla.1983) [8 FLW 324]. Accordingly, we remand this cause with directions to the trial court to modify appellant’s sentence so as to delete one of the consecutive mandatory minimum sentences.

ANSTEAD, C.J., and BERANEK and DELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Owen v. State, 441 So. 2d 1111 (Fla. 3d DCA 1983)
    …the death of any particular individual ....”5 [e.s.] The trial judge’s view of the evidence may be entirely correct but he is not free to disregard the jury’s findings even for the purpose of enhancing a sentence. See State ex rel. Cavanaugh v. Coe, 439 So. 2d 313 (Fla. 2d DCA 1983) (a trial court may not refuse to issue a certificate for a defendant to recover costs on a theory that the defendant is factually guilty even though the jury found him not guilty). The second part of the court’s stated reason for…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw