MICHAEL DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1984-07-24
No. 84-1285
Before SCHWARTZ, C.J., and BARK-DULL and JORGENSON, JJ.
453 So. 2d 196 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 4 cases
Topics
Consecutive Mandatory Minimum Sentences Sentencing Error Consecutive Sentences Mandatory Minimum Sentence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant has taken this appeal from an order of the trial court summarily denying his motion to vacate filed pursuant to Rule 3.850 Florida Rules of Criminal Procedure. In his motion to vacate the appellant contended the trial court erred in sentencing him to two consecutive three year minimum mandatory sentences for use of a firearm in the commission of a robbery and a kidnapping both of which occurred in the same transaction. We reverse.

The Supreme Court in Palmer v. State, 438 So. 2d 1 (Fla.1983) has prohibited the stacking of multiple consecutive three year minimum mandatory sentences upon conviction of separate offenses occurring in the same incident. Therefore, the consecutive minimum mandatory sentences imposed herein are in error. In accordance therewith, we remand this cause to the trial court with directions to correct the sentences so that the two minimum mandatory sentences will be served concurrently.

Reversed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Tiodoso Cisnero, III v. State, 458 So. 2d 377 (Fla. 2d DCA 1984)
    …imum sentence constituted fundamental error. Accord Pettis v. State, 448 So. 2d 565 (Fla. 4th DCA 1984); Reynolds v. State, 429 So. 2d 1331 (Fla. 5th DCA 1983); Lawson v. State, 400 So. 2d 1053 (Fla. 2d DCA 1981). Our sister court in Davis v. State, 453 So. 2d 196 (Fla. 3d DCA 1984), 9 F.L.W. 1644, recently accorded the defendant relief on a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 by setting aside the multiple consecutive three-year minimum mandatory sentences for convictions of sepa…
  • Smith v. State, 466 So. 2d 1274 (Fla. 3d DCA 1985)
    …me court has prohibited the stacking of multiple consecutive three-year minimum mandatory sentences upon conviction of separate offenses arising out of the same criminal transaction. Palmer v. State, 438 So. 2d 1 (Fla.1983). See also Davis v. State, 453 So. 2d 196 (Fla. 3d DCA 1984). Therefore, the consecutive minimum mandatory sentences imposed herein are error. See Davis. Accordingly, we hereby modify the sentences as related to the minimum mandatory portions to run concurrently rather than consecutively.…

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