NATHANIEL WARREN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed convictions for attempted robbery with firearm, robbery of police officer, and aggravated assault with firearm, but modified sentences so that mandatory minimum sentences run concurrently rather than consecutively.
Mandatory minimum sentences imposed under Florida Statutes § 775.087(2) for firearm-related offenses must run concurrently, not consecutively.
[1] Mandatory minimum sentences imposed pursuant to Florida Statutes § 775.087(2) for firearm-related offenses must run concurrently rather than consecutively when imposed fo…
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Join FLexlaw to unlock all legal intelligenceDefendant attempted to rob a truckdriver at gunpoint, took a police officer's firearm at gunpoint, and shot at a bystander with a firearm.…
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PER CURIAM.
From the evidence the jury was justified in returning verdicts of guilty, finding the defendant guilty of attempted robbery with a firearm when he attempted to relieve a truckdriver of his money at gunpoint, robbery of a police officer by the taking of his firearm at gunpoint, and aggravated assault with a firearm by shooting at a bystander. Brown v. State, 397 So. 2d 1153 (Fla. 5th DCA 1981); Parker v. State, 389 So. 2d 336 (Fla. 4th DCA 1980); McClain v. State, 383 So. 2d 1146 (Fla. 4th DCA 1980); Solloa v. State, 227 So. 2d 217 (Fla. 3d DCA 1969); Bailey v. State, 199 So. 2d 726 (Fla. 1st DCA 1967).
The defendant was adjudicated guilty and sentenced to 15 years on the attempted robbery, life on the robbery and 5 years on the aggravated assault, the sentences to run consecutively. Each of the sentences, because a firearm was involved, pursuant to Section 775.087(2), Florida Statutes (1981) calls for a minimum mandatory 3 year sentence. The Supreme Court of Florida has held that in circumstances such as involved in the case at bar, the minimum mandatory sentences cannot be made to run consecutively, but must run concurrently. Palmer v. State, 438 So. 2d 1 (Fla.1983). Therefore we affirm the verdicts, the adjudications thereon and the sentences, except that we do hereby modify the sentences as related to the minimum mandatory portions to run concurrently rather than consecutively.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dunn v. State, 492 So. 2d 808 (Fla. 3d DCA 1986)…Imposition of consecutive sentences is improper unless the offenses arose from separate incidents which occurred at separate times and places. See State v. Baker, 452 So. 2d 927 (Fla.1984); Palmer v. State, 438 So. 2d 1 (Fla.1983); Warren v. State, 450 So. 2d 891 (Fla. 3d DCA 1984). Accordingly, the sentences are modified to run concurrently rather than consecutively. The judgment of conviction and sentences are affirmed, as modified. . The state concedes this point.…
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Dasher v. State, 467 So. 2d 1054 (Fla. 3d DCA 1985)…d during the same criminal episode against the same victim, the imposition of consecutive three-year minimum mandatory prison terms was error. We agree with the defendant on this point only. Palmer v. State, 438 So. 2d 1 (Fla.1983); Warren v. State, 450 So. 2d 891 (Fla. 3d DCA 1984); Hernandez v. State, 446 So. 2d 235 (Fla. 3d DCA 1984). The final judgments of conviction under review are affirmed. The sentences under review are affirmed except for the consecutive three-year minimum mandatory sen [*1056] ten…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Rogers v. Marko, 383 So. 2d 1146 (Fla. 4th DCA 1980)
- Brown v. State, 397 So. 2d 1153 (Fla. 5th DCA 1981)
- Solloa v. State, 227 So. 2d 217 (Fla. 3d DCA 1969)
- Parker v. State, 389 So. 2d 336 (Fla. 4th DCA 1980)
- Bailey v. State, 199 So. 2d 726 (Fla. 1st DCA 1967)