CORNELIUS WILSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Consecutive three-year mandatory minimum sentences are improper when offenses arise from a single, continuous criminal episode.
Defendant pled guilty to sexual battery with a firearm and kidnapping with a firearm, which occurred during a single confrontation and subsequent rape…
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OVERTON, Justice.
This cause is before us on petition to review the First District Court of Appeal decision in Wilson v. State, 449 So. 2d 822 (Fla. 1st DCA 1984), in which that court certified the following question to be of great public importance:
Whether the crimes for which the defendant was sentenced to consecutive three-year mandatory minimum terms pursuant to Section 775.087(2), Florida Statutes, were “offenses [which arose] from separate incidents occurring at separate times and places” within the meaning of the rule announced in Palmer v. State, 438 So. 2d 1 (Fla.1983).
449 So. 2d at 825 (emphasis in original). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the identical question in the negative in State v. Ames, 467 So. 2d 994 (Fla.1985), released simultaneously with this opinion.
In this cause, Wilson pled guilty to sexual battery with a firearm and kidnapping with a firearm. The factual basis for the plea reflects that Wilson, armed with a gun, confronted his victim as she attempted to enter her apartment, forced her into his car, drove a short distance, and raped her. The trial court sentenced Wilson to two consecutive 30-year sentences with consecutive three-year mandatory minimum sentences for each offense. The district court affirmed the consecutive mandatory sentences, holding that “the offenses involved in the case at bar qualify for consecutive treatment under Palmer.” 449 So. 2d at 825. We disagree and find that, under our Palmer and Ames decisions, Wilson’s offenses occurred during a single, continuous episode. Consequently, consecutive minimum mandatory sentences are improper. Accordingly, we quash the decision of the district court and remand for further proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD and SHAW, JJ., concur. ALDERMAN and EHRLICH, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
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State v. Thomas, 487 So. 2d 1043 (Fla. 1986)…ndatory minimum sentences were contrary to this Court's holding in Palmer v. State, 438 So. 2d 1 (Fla.1983). The district court reversed the denial of Thomas’s motion, finding the result compelled by Palmer and our recent opinion in Wilson v. State, 467 So. 2d 996 (Fla.1985). The district court certified the following question: Whether the crimes for which the defendant was sentenced to consecutive three-year mandatory minimum terms pursuant to Section 775.087(2), Florida Statutes, were “offenses [which aros…
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Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)…separate times and places. Palmer v. State, 438 So. 2d 1 (Fla.1983). Compare, State v. Ames, 467 So. 2d 994 (Fla.1985) (consecutive minimum mandatory sentences improper because the convictions fail to arise from separate incidents); Wilson v. State, 467 So. 2d 996 (Fla.1985) (kidnapping with a firearm and sexual battery with a firearm constitute a single, continuous episode; consecutive minimum mandatory sentences improper). Having previously determined that Kelly’s three acts of attempted murder comprised se…
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Hollice Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995)…Fla.'Stat. (1993).1 2. As to the two habitual offender sentences which were appropriately imposed for aggravated assault as to counts 4 and 5, we conclude that the entire series of events constituted a single criminal episode. See Wilson v. State, 467 So. 2d 996 (Fla.1985); Parker-v. State, 633 So. 2d 72 (Fla. 1st DCA 1994); Dietrich v. State, 635 So. 2d 148 (Fla. 2d DCA 1994). As a result, these sentences—and their five-year min-man terms— must be made concurrent. Hale v. State, 630 So. 2d 521 (Fla.1993),…
Previewing 3 of 26 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- THE Florida BAR v. Napier, 467 So. 2d 994 (Fla. 1985)
- State v. Ames, 467 So. 2d 994 (Fla. 1985)
- Wilson v. State, 449 So. 2d 822 (Fla. 1st DCA 1984)