KEVIN EARNEST WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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FERGUSON, Judge.
We reversed in part and remanded this case for an evidentiary hearing on petitioner’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Walker v. State, 432 So. 2d 727 (Fla.3d DCA 1983).
In this appeal from the denial of his 3.850 motion, petitioner challenges the imposition of four consecutive mandatory minimum sentences arising out of a single criminal episode. Having considered the record we hold in accordance with now settled law that the “stacking” of four mandatory minimum three-year sentences is precluded where two or more firearm-related offenses are committed at the same time and place. Palmer v. State, 438 So. 2d 1 (Fla.1983).
A sentence which exceeds that provided for by law constitutes fundamental error which may be corrected by an appellate court even if no objection was entered in the trial court. See Noble v. State, 353 So. 2d 819, 820 n.4 (Fla.1977); Whitehead v. State, 446 So. 2d 194 (Fla.4th DCA 1984), rev. denied, 462 So. 2d 1108 (Fla.1985); Gonzalez v. State, 392 So. 2d 334 (Fla.3d DCA 1981).
Reversed and remanded with instructions to correct the three-year mandatory sentences so that they are concurrent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Essie Andres Perez v. State, 524 So. 2d 720 (Fla. 3d DCA 1988)…467 So. 2d 996 (Fla.1985); Palmer v. State, 438 So. 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…
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Hagin v. State, 473 So. 2d 18 (Fla. 3d DCA 1985)…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).…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984)
- Dewayne F. Noble, III v. State, 353 So. 2d 819 (Fla. 1977)
- Kawasaki Motors Corp. v. Murray, 432 So. 2d 727 (Fla. 3d DCA 1983)