DANNY L. MCCORMICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1986-08-13
No. 85-1657
RYDER and PRANK, JJ., concur.
494 So. 2d 235 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 4 cases
Topics
Single Criminal Episode Concurrent Sentences Consecutive Sentences Mandatory Minimum Sentence

Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw

Opinion of the Court
DANAHY, Chief Judge.

DANAHY, Chief Judge.

The defendant appeals his conviction of first degree murder for which he was sentenced to life imprisonment with consecutive mandatory minimum terms of twenty-five years and three years. The three-year mandatory minimum was imposed because the murder was committed with a firearm.

The defendant raises several issues concerning his trial, none of which we find to have merit. However, we do agree with the defendant that the trial judge erred in sentencing him to consecutive mandatory minimum terms of imprisonment. Since the mandatory minimum sentences arose from a single criminal episode, we believe that Palmer v. State, 438 So. 2d 1 (Fla.1983), applies here and requires that the two mandatory minimum sentences be concurrent. See also State v. Lane, 486 So. 2d 586 (Fla.1986). Accordingly, we affirm the defendant's conviction but reverse his sentence with directions that the mandatory minimum terms be made concurrent.

RYDER and PRANK, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993)
    …er the defendant to serve concurrently, and not consecutively, the minimum mandatory portions of the sentences for crimes that arose out of a single episode. Id. at 954. See also Brown v. State, 599 So. 2d 132 (Fla. 2d DCA 1992); McCormick v. State, 494 So. 2d 235 (Fla. 2d DCA 1986), review denied, 503 So. 2d 328 (Fla.1987). We find that similar reasoning controls the instant case, which involved only one sentence for one criminal charge arising out of a single criminal episode. Accordingly, we hold that the…
  • Weatherspoon v. State, 624 So. 2d 405 (Fla. 2d DCA 1993)
    …andatory terms for the use of a firearm during a single criminal episode, even where there are two victims, where the episode occurred without interruption in time and location. Staten v. State, 600 So. 2d 1269 (Fla. 2d DCA1992); McCormick v. State, 494 So. 2d 235 (Fla. 2d DCA1986). The evidence showed no interruption in time and location during the murder and attempted robberies; therefore, the mandatory minimum sentences must run concurrently. In conclusion, we affirm the appellant’s conviction and sentenc…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw