WILLIAM SHORT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Consecutive mandatory minimum sentences are improper for offenses arising from a single criminal episode, and costs cannot be taxed against an indigent defendant without notice.
[1] Consecutive mandatory minimum sentences are improper for offenses arising out of a single criminal episode involving the same contraband.
[2] A trial court errs in taxing costs against an indigent defendant without prior notice.
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Join FLexlaw to unlock all legal intelligenceDefendant was convicted of conspiracy to traffic and trafficking in cocaine. The trial court imposed consecutive mandatory minimum sentences and taxed…
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PER CURIAM.
William Thomas Short appeals his conviction and sentence for conspiracy to traffic in cocaine and trafficking in cocaine. We affirm the judgments of conviction. However, for the following reasons, we reverse the consecutive mandatory minimum sentences and the order taxing costs against the defendant and remand for entry of a corrected sentence.
Because the offenses of trafficking and conspiracy to traffic in cocaine arose from a single criminal episode involving the same contraband, the offenses were “not sufficiently distinct to permit consecutive mandatory sentences.” Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987), citing Palmer v. State, 438 So. 2d 1 (Fla.1983). See McGouirk v. State, 493 So. 2d 1016 (Fla.1986) (consecutory mandatory minimum sentences improper for crimes arising out of single criminal episode). Compare Berrio v. State, 538 So. 2d 110 (Fla. 2d DCA 1989) (consecutive mandatory minimum sentences proper for conspiracy to traffic and trafficking in cocaine where conspiracy was much broader in scope, occurred at separate time, and was not part of same criminal episode). The state’s reliance on section 775.021(4)(a), Florida Statutes (Supp.1988), which permits consecutive sentences for separate offenses is misplaced. The mandatory sentence imposed by section 893.135, Florida Statutes (1987), takes precedence where, as here, the recommended sentence is less than the mandatory penalty. See Fla.R.Crim.P. 3.701(d)(9). There is nothing in Section 893.135 which requires imposition of consecutive minimum mandatory sentences.
The trial judge likewise erred in taxing costs against the indigent defendant without notice. Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Accordingly, the consecutive mandatory minimum sentences and the order taxing costs are vacated, and the cause is remanded for resentencing. In all other respects, the final judgment is affirmed.
Affirmed in part, reversed in part, and remanded for further consistent proceedings.
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Bedoya v. State, 634 So. 2d 203 (Fla. 3d DCA 1994)…d 197, 198 (Fla. 1st DCA 1993); Haye v. State, 615 So. 2d 762, 767 (Fla. 5th DCA 1993); Drake v. State, 614 So. 2d 24 (Fla. 2d DCA 1993); Peoples v. State, 576 So. 2d 783, 789 (Fla. 5th DCA 1991), approved, 612 So. 2d 555 (Fla.1992); Short v. State, 572 So. 2d 1007 (Fla. 3d DCA 1991); see also State v. Boatwright, 559 So. 2d 210, 212 (Fla.1990). Here, unlike the facts in Short, the conspiracy was for a series of ongoing drug transactions which would take place over a period of time and involved different quan…
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Barry v. State, 654 So. 2d 1229 (Fla. 2d DCA 1995)…eventeen years in prison. We agree. Although consecutive minimum mandatory sentences are permitted when the crimes occurred at separate times and places, the imposition of consecutive minimum mandatory sentences is not required. See Short v. State, 572 So. 2d 1007 (Fla. 3d DCA 1991). Where statutory minimum mandatory sentences preclude sentencing within the permitted guidelines, the trial court, in order to come as close to the permitted guidelines range as possible, must impose either concurrent or consecuti…
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Kelly v. State, 964 So. 2d 135 (Fla. 2007)…tted during a single continuous episode. This rationale is applicable to sentences imposed pursuant to section 893.135.” (citing to Vickery and Palmer v. State, 438 So. 2d 1 (Fla.1983))) approved in result, 612 So. 2d 555 (Fla.1992); Short v. State, 572 So. 2d 1007, 1007 (Fla. 3d DCA 1991) (reversing consecutive mandatory minimum sentences for conspiracy to traffic in cocaine and trafficking in cocaine and holding “[b]ecause the offenses of trafficking and conspiracy to traffic in cocaine arose from a single c…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- McGOUIRK v. State, 493 So. 2d 1016 (Fla. 1986)
- Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987)
- Berrio v. State, 538 So. 2d 110 (Fla. 2d DCA 1989)