STATE OF FLORIDA, PETITIONER,
v.
JAMES MOSE BOYD, RESPONDENT
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The court quashed a district court decision that reversed a trial court's imposition of consecutive mandatory minimum sentences for capital sexual battery, finding the trial court had discretion.
The court held that the discretion to impose concurrent or consecutive mandatory minimum sentences, as established for first-degree murder, also applies to capital sexual battery.
The district court certified a question regarding whether sentencing discretion for mandatory minimums in State v. Enmund applied only to multiple hom…
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EHRLICH, Chief Justice.
We have for our review Boyd v. State, 546 So. 2d 132, 133 (Fla. 4th DCA 1989), wherein the district court certified the following question of great public importance:
Whether the holding in State v. Enmund [476 So. 2d 165 (Fla.1985)] permitting consecutive mandatory minimum sentences is restricted to cases involving multiple homicides committed during a single criminal episode or whether it may be construed to include other capital felonies.
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently addressed this question in State v. Boatwright, 559 So. 2d 210 (Fla. Mar. 22, 1990). We stated that the statutes relied upon in-the Enmund decision are equally applicable to convictions for capital sexual battery and that we found no logical basis for distinguishing between the two capital felonies of first-degree murder and sexual battery upon a child under the age of -twelve. We held that as with convictions for first-degree murder, the legislature intended the trial court to have the discretion to order the twenty-five-year mandatory minimum sentences upon conviction of multiple counts of capital sexual battery to be served concurrently or consecutively. Id. at 211.
Accordingly, the district court should not have reversed the trial court’s exercise of its discretion. We quash the decision of the district court below, for the reasons expressed in Boatwright, and remand with directions to reinstate the sentences as imposed by the trial court.
It is so ordered.
overton, McDonald, shaw, BARKETT, GRIMES and KOGAN, JJ., concur.
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Citator
Cited By
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Futo Charles v. State, 204 So. 3d 63 (Fla. 4th DCA 2016)…criminal sentencing: retribution, deterrence, incapacitation, and rehabilitation”); Boyd v. State, 546 So. 2d 132, 133 (Fla. 4th DCA 1989) (noting that “one purpose of punishment is deterrence, as it surely must be”), quashed on other [*67] grounds, 558 So. 2d 1025 (Fla.1990); Freeman v. State, 382 So. 2d 1307, 1308 (Fla. 3d DCA 1980) (“A sentence may be imposed for one or more of the following purposes: (a) to punish; (b) to deter similar criminal acts; (c) to protect society; or (d) to rehabilitate.”)- Thus…
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Wallis v. State, 831 So. 2d 225 (Fla. 5th DCA 2002)…her, his complaint about the imposition of consecutive sentences is without merit because the trial court may order mandatory minimum terms for multiple convictions of capital sexual battery to be served concurrently or consecutively. State v. Boyd, 558 So. 2d 1025 (Fla.1990). PETITION TREATED AS NOTICE OF APPEAL. AFFIRMED. SAWAYA and PLEUS, JJ., concur. . Wallis also argues that the trial court should have granted his motion to transport. However, as indicated, he himself acknowledges that his presence at…
Authorities Cited
- State v. Carney, 476 So. 2d 165 (Fla. 1985)
- State v. Enmund, 476 So. 2d 165 (Fla. 1985)
- State v. Boatwright, 559 So. 2d 210 (Fla. 1990)
- Boyd v. State, 546 So. 2d 132 (Fla. 4th DCA 1989)