CLEM GLOSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We find no merit to appellant’s contention concerning his convictions. Therefore, we affirm appellant’s convictions for armed robbery, aggravated battery, aggravated assault, and possession of a firearm by a convicted felon.
With respect to the sentences imposed we find no error except in the “stacking” of mandatory minimum sentences. Pursuant to section 775.087(2), Florida Statutes (1987), the trial court was required to impose a minimum term of three years for all of the offenses except the firearm possession charge. Two of the three mandatory sentences were to be served concurrently, but the trial court provided that the third (involving a different victim) would be consecutive. However, notwithstanding the fact different victims were involved, all three offenses occurred without interruption in time or location. Consecutive mandatory minimum terms were therefore unauthorized. Palmer v. State, 438 So. 2d 1 (Fla.1983); Hernandez v. State, 556 So. 2d 767 (Fla. 2d DCA 1990).
Affirmed in part, reversed in part, and remanded for resentencing.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
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State v. Coble, 704 So. 2d 197 (Fla. 4th DCA 1998)…h DCA 1993). However, where the circuit court erroneously asserts jurisdiction over a misdemeanor not arising from a felony, any conviction for the misdemeanor is void. See Oladipupo v. State, 574 So. 2d 301, 302 (Fla. 5th DCA 1991); White v. State, 568 So. 2d 1318 (Fla. 2d DCA 1990). In this case, the misdemeanor charge against appellee was filed first in County Court. Subsequently, the felony charge arising from the same circumstances was filed against appellee in Circuit Court. The felony charge was therea…
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State v. Paulino, 696 So. 2d 425 (Fla. 2d DCA 1997)…A 1995). In doing so, we also note that Paulino’s convictions seem to arise from the same criminal episode, and for that reason it would be improper for the court to impose consecutive minimum mandatory terms under section 775.087. Gloster v. State, 568 So. 2d 1318 (Fla. 2d DCA 1990). Reversed and remanded for further proceedings. FRANK, A.C.J., and LAZZARA, J., Concur.…
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Staten v. State, 600 So. 2d 1269 (Fla. 2d DCA 1992)…m during a single criminal episode which occurred without interruption in time and location. Under these circumstances, the three-year minimum mandatory sentences must run concurrently. See Palmer v. State, 438 So. 2d 1 (Fla.1983); Gloster v. State, 568 So. 2d 1318 (Fla. 2d DCA 1990). We affirm the convictions. We reverse the sentences in part and remand this cause to the trial court with directions to correct the sentences to reflect that the minimum mandatory sentences run concurrently. THREADGILL, A.C.J.,…
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- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Hernandez v. State, 556 So. 2d 767 (Fla. 2d DCA 1990)