BERNARD PRATT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was sentenced to three consecutive mandatory minimum sentences on convictions for attempted first-degree murder, kidnapping, and sexual battery. The State confesses, in accordance with a recent pronouncement of the Florida Supreme Court, that mandatory minimum sentences could not be stacked as to the kidnapping and sexual battery, as the two offenses arose out of the same incident. Wilson v. State, 467 So. 2d 996 (Fla.1985). The shooting of a police officer who subsequently arrived on the scene constituted a separate incident for which a consecutive minimum mandatory sentence could be imposed. James v. State, 462 So. 2d 858 (Fla.2d DCA 1985).
Affirmed in part, reversed in part and remanded for correction of sentence.1
Defendant need not be present at the sentence-correcting proceeding.
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Alcides Castro v. State, 472 So. 2d 796 (Fla. 3d DCA 1985)…y and burglary occurred inside the home, and the attempted murder of the police officer took place outside the house. Thus, the criminal activities involved two separate incidents, and consecutive mandatory sentences are permissible. Pratt v. State, 472 So. 2d 799 (Fla. 3d DCA 1985); James v. State, 462 So. 2d 858 (Fla. 2d DCA 1985); see Palmer at 4; Whitehead v. State, 446 So. 2d 194, 198 (Fla. 4th DCA 1984). Finding no merit in the remaining points, we affirm. NESBITT, J., concurs.…
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Boatwright v. State, 512 So. 2d 955 (Fla. 1st DCA 1987)…right’s conviction for kidnapping. Boatwright alleges that the trial court erred in stacking minimum mandatory consecutive sentences because his criminal acts occurred in one continuous course of conduct. We agree, and reverse. See Pratt v. State, 472 So. 2d 799 (Fla. 3d DCA 1985). We also find that the trial court erred in scoring both sexual battery counts since they were capital felonies to which the sentencing guidelines do not apply. See section 921.001(4)(a), Florida Statutes (1985). On remand, ther…
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Connolly v. State, 474 So. 2d 912 (Fla. 2d DCA 1985)…acts in Wilson, Ames, and Thomas. Our decision in James v. State, 462 So. 2d 858 (Fla. 2d DCA 1985), mandates a different result for the sentence for that attempted murder. See also Castro v. State, 472 So. 2d 796 (Fla. 3d DCA 1985); Pratt v. State, 472 So. 2d 799 (Fla. 3d DCA 1985). In James the defendant, using a firearm, robbed a bank employee. While directing customers into a back room, he pointed the gun at another man. Responding to a silent alarm the police came on the scene. When they arrived, the de…
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- Wilson v. State, 467 So. 2d 996 (Fla. 1985)
- James v. State, 462 So. 2d 858 (Fla. 2d DCA 1985)