GEORGE HAGIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was convicted on three counts of robbery with a firearm. The trial court sentenced appellant to three concurrent terms of life imprisonment and further sentenced him to three, three year mandatory minimum terms under section 775.087(2), Florida Statutes (1983), to be served consecutively. This was error. The correct rule of law is set out in State v. Ames, 467 So. 2d 994 (Fla.1985); Wilson v. State, 467 So. 2d 996 (Fla.1985); Palmer v. State, 438 So. 2d 1 (Fla.1983).
Reversed and remanded with directions to correct the three, three year mandatory minimum sentences so that they are concurrent. Walker v. State, 474 So. 2d 319, (Fla.3d DCA 1985).
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Brown v. State, 481 So. 2d 1271 (Fla. 5th DCA 1986)…asons absolutely vital to the making of the decision to depart.2 The sentence is vacated and the cause remanded for resentencing in view of Al-britton and Hendrix. REVERSED and REMANDED. COBB, C.J., and UPCHURCH, J., concur. . See Head v. State, 473 So. 2d 18 (Fla. 3d DCA 1985). "[B]ecause we cannot determine how much weight the trial court placed on the eleven impermissible reasons in departing from the guidelines, we remand the case for resentenc-ing." Id. See also Glover v. State, 474 So. 2d 886 (Fla.…
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Sias v. State, 487 So. 2d 1180 (Fla. 3d DCA 1986)…While we find factor one to be questionable and the state has conceded that factor three is invalid, we nonetheless hold that the sentence is affirmable in view of the psychological trauma, fear and terror inflicted upon this victim. Head v. State, 473 So. 2d 18 (Fla. 3d DCA 1985). The appellant participated in a gang rape in which the victim was severely violated. Though the appellant was not convicted of using a firearm, the record reveals that the victim was subjected to threats of the use of a gun and h…
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Essie Andres Perez v. State, 524 So. 2d 720 (Fla. 3d DCA 1988)…2d 1 (Fla.1983); Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987); Boatwright v. State, 512 So. 2d 955 (Fla. 1st DCA 1987); Fowler v. State, 481 So. 2d 565 (Fla. 5th DCA 1986); Walker v. State, 474 So. 2d 319 (Fla. 3d DCA 1985); Hagin v. State, 473 So. 2d 18 (Fla. 3d DCA 1985). Perez’s sentences, however, resulted from separate incidents occurring at separate times and places. The fact that the mandatory minimum portion of each sentence is consecutive is not violative of Palmer and its progeny. The Palm…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Wilson v. State, 467 So. 2d 996 (Fla. 1985)
- THE Florida BAR v. Napier, 467 So. 2d 994 (Fla. 1985)
- State v. Ames, 467 So. 2d 994 (Fla. 1985)
- Walker v. State, 474 So. 2d 319 (Fla. 3d DCA 1985)