ANTHONY BERNARD BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Anthony Bernard Brown appeals his conviction for burglary, robbery, and kidnapping, challenging the trial court's imposition of consecutive minimum mandatory sentences for crimes committed in a single criminal episode against multiple victims. The court reversed, holding that minimum mandatory sentences for firearm use cannot be stacked consecutively when the crimes occur during one criminal episode, even with multiple victims.
The court held that consecutive stacking of minimum mandatory sentences for firearm use in a single criminal episode is prohibited, even when there are multiple victims. The minimum mandatory sentences for the crimes against Mr. and Mrs. Kuntz must run concurrently with those for crimes against Ann Hill.
[1] Consecutive sentences may not be imposed for offenses committed during a single criminal transaction or episode.
[2] Minimum mandatory sentences may not be stacked consecutively where the offenses arise from a single criminal episode.
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Join FLexlaw to unlock all legal intelligence“consecutive stacking of minimum mandatory sentences for the use of a firearm in a single criminal episode is prohibited”
Establishes the core legal principle that minimum mandatory firearm sentences cannot be stacked consecutively for crimes in a single episode regardless of multiple victims
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Join FLexlaw to unlock all legal intelligenceBrown entered the Kuntz home and robbed Mr. and Mrs. Kuntz and their visiting neighbor Ann Hill at gunpoint of jewelry and money, then confined them i…
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HALL, Judge.
Anthony Bernard Brown appeals from his judgment and sentence for burglary of an occupied residence, robbery, and kidnapping. He argues that the trial court erred in sentencing him to consecutive minimum mandatory sentences for one criminal episode. We agree and reverse.
The appellant entered the home of Arlen and Barbara Kuntz and robbed the owners and Ann Hill, a visiting neighbor, at gunpoint of jewelry and money. He then confined the victims in the bathroom, took the Kuntz’s automobile, and fled.
The appellant then approached William Wolf on the pretense of needing directions, pointed the gun at Wolfs head, and robbed him of his wallet.
The appellant was apprehended and identified as the robber by the victims. He was charged with one count of armed burglary of an occupied residence, three counts of armed kidnapping, and four counts of armed robbery.
Following trial, the jury found the appellant guilty as charged. The trial court sentenced the appellant to life imprisonment for each count to be served concurrently. The court directed that the three-year minimum mandatory sentences for the use of a firearm in counts I, III, IV and VII (the counts involving the crimes against Mr. and Mrs. Kuntz) be served consecutively to the mandatory sentences for counts II and V (the counts involving the crimes against Ann Hill). Finally, the trial court directed that the appellant serve the minimum mandatory sentence for count VIII (the armed robbery of William Wolf) consecutive to all the other sentences.
The appellant argues that the trial court erred in making the sentences for the crimes involving Mr. and Mrs. Kuntz consecutive to the sentences for the crimes against Mrs. Hill, since the burglaries and robberies occurred in a single criminal episode. He argues that, although there may have been several victims, consecutive stacking of minimum mandatory sentences for the use of a firearm in a single criminal episode is prohibited.1 We agree. See Palmer v. State, 438 So. 2d 1 (Fla.1983); State v. Suarez, 485 So. 2d 1283 (Fla.1986).
Accordingly, this case is reversed and remanded for correction of the judgment and sentences to reflect that the minimum mandatory sentences for counts I, III, IV and VII are to run concurrently with the minimum mandatory sentences for counts II and V.
SCHOONOVER, A.C.J., and THREADGILL, J., concur. . The appellant, concedes that count VIII involved a separate criminal episode, the robbery of Mr. Wolf, and, therefore, the trial court was entitled to direct that that sentence be served consecutively to the others.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jones v. State, 546 So. 2d 1134 (Fla. 1st DCA 1989)…sentences prescribed by Section 775.087(2)(a) and imposed on the armed robbery and kidnapping counts. We agree. Consecutive stacking of minimum mandatory sentences for the use of a firearm in a single criminal episode is prohibited. Brown v. State, 542 So. 2d 1059 (Fla. 2d DCA 1989) (Brown I); Brown v. State, 543 So. 2d 1295 (Fla. 2d DCA 1989) {Brown II). In Brown I, the appellant robbed a couple and their visiting neighbor at gunpoint, then confined them in a bathroom. The trial court directed that the thre…
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Preyer v. State, 575 So. 2d 748 (Fla. 5th DCA 1991)…nimum sentences was improper. The facts showed that the defendant had entered a business, confined the two employees present to a freezer, forced one of them to drive a getaway car and later released him. The Jones court relied upon Brown v. State, 542 So. 2d 1059 (Fla. 2d DCA 1989) and Brown v. State, 543 So. 2d 1295 (Fla. 2d DCA 1989). In each of these cases the same defendant robbed a couple and their neighbor at gunpoint {Brown I) and an individual and her guest at gunpoint (Brown II) and then confined th…
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Brown v. State, 543 So. 2d 1295 (Fla. 2d DCA 1989)…episode. State v. Suarez, 485 So. 2d 1283 (Fla.1986); Palmer v. State, 438 So. 2d 1 (Fla.1983). In a very similar robbery case, this court reversed appellant’s consecutive minimum mandatory sentences based on this same argument. See Brown v. State, 542 So. 2d 1059 (Fla. 2d DCA 1989). A review of the record reflects that the robbery and kidnapping of Mr. Kirschner (counts VI and VIII) and the burglary, robbery and kidnapping of Ms. Gardner (counts IV, V and VII) occurred during the same criminal transaction.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- State v. Suarez, 485 So. 2d 1283 (Fla. 1986)
- State v. Jones, 485 So. 2d 1283 (Fla. 1986)