STATE OF FLORIDA, PETITIONER,
v.
ERNESTO SUAREZ, RESPONDENT
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The prohibition against consecutive mandatory minimum sentences arising out of one criminal episode, as established in Palmer v. State, remains operative with respect to a defendant sentenced under the guidelines.
The Second District Court of Appeal certified a question regarding the application of Palmer v. State to defendants sentenced under sentencing guideli…
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McDonald, justice.
The Second District Court of Appeal has certified the following question as one of great public importance:
Is the prohibition against consecutive mandatory minimum sentences arising out of one criminal episode as established by Palmer v. State, 438 So. 2d 1 (Fla.1983), operative with respect to a defendant sentenced under the guidelines?
Suarez v. State, 464 So. 2d 259, 260 (Fla. 2d DCA 1985).* This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Although in Palmer we stressed the effect of consecutive mandatory minimum sentences upon parole eligibility, such sentences also can markedly restrict the accrual of gain time under the sentencing guidelines. Accordingly, Palmer is still operative under the guidelines. Therefore we answer the certified question in the, affirmative and approve the opinion of the district court.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur. *
This Court has previously affirmed petitioner's death sentence in an unrelated case and thus the certified question is moot as to him. See Suarez v. State, 481 So. 2d 1201 (Fla.1985). We choose, however, to answer the question due to its importance to sentencing under the sentencing guidelines.
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State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)…tent with this opinion. It is so ordered. overton, McDonald, shaw, BARKETT, GRIMES and KOGAN, JJ., concur. . For a comprehensive review of the rule as it has been applied in Florida see Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985), approved, 485 So. 2d 1283 (Fla.1986). . In Lynch v. State, 293 So. 2d 44, 45 (Fla.1974), we said: A defendant, in moving for a judgment of acquittal, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party t…
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State v. Slappy, 522 So. 2d 18 (Fla. 1988)…70-72, 98 L.Ed. 866 (1954); Akins v. Texas, 325 U.S. 398, 403-04, 65 S.Ct. 1276, 1279, 89 L.Ed. 1692, rehearing denied, 326 U.S. 806, 66 S.Ct. 86, 90 L.Ed. 491 (1945); Martin v. Texas, 200 U.S. 316, 26 S.Ct. 338, 50 L.Ed. 497 (1906); State v. Jones, 485 So. 2d 1283 (Fla.1986); Pearson v. State, 514 So. 2d 374 (Fla. 2d DCA 1987); Floyd v. State, 511 So. 2d 762 (Fla. 3d DCA 1987); Blackshear; Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987). This Court early had recognized the impossible burden imposed by Swa…
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Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)…stinguished collateral cases from "pipeline” cases, i.e., those not yet final, at the time the law changed, applying the change in law retrospectively only to the pipeline cases. See, e.g., Jones v. State, 569 So. 2d 1234 (Fla.1990); State v. Jones, 485 So. 2d 1283 (Fla.1986); Bundy v. State, 471 So. 2d 9 (Fla.1985), cert. denied, 479 U.S. 894, 107 S.Ct. 295, 93 L.Ed.2d 269 (1986); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979). The distinction between collateral and nonfinal cases with regard to retrospectivit…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Suarez v. State, 481 So. 2d 1201 (Fla. 1985)
- Broward Cnty. v. Mayo, 464 So. 2d 259 (Fla. 4th DCA 1985)
- Miller v. State, 464 So. 2d 259 (Fla. 4th DCA 1985)