JAME ELMER BOUGHEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fannin v. State, 751 So. 2d 158 (Fla. 2d DCA 2000)
  …sue he raises here. We dismissed the petition as an improper collateral attack on Fannin’s judgment and sentence. See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla.1992); State v. Broom, 523 So. 2d 639, 641 (Fla. 2d DCA 1988). . Brothers v. State, 577 So. 2d 701 (Fla. 4th DCA 1991), also appears to fit within this category, but does not state the offense dates. We note that the Fourth District, in Darrisaw v. State, 682 So. 2d 214 (Fla. 4th DCA 1996), implicitly overruled any conflicting interpretation of B…
• Ibarro v. State, 588 So. 2d 334 (Fla. 5th DCA 1991)
  …oth charges arose out of the same event or episode. Stacking of consecutive mandatory minimum sentences is permissible for conspiracy and trafficking convictions where the conspiracy is distinct and separate from the trafficking. Brothers v. State, 577 So. 2d 701 (Fla. 4th DCA 1991), cause dis’m., 582 So. 2d 622 (Fla.1991); Berrio v. State, 518 So. 2d 979 (Fla. 2d DCA 1988); Boom v. State, 538 So. 2d 476 (Fla. 2d DCA 1989). Compare, Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991), jurisdiction accepted,…
• Gerrish v. State, 954 So. 2d 1276 (Fla. 4th DCA 2007)
  …695 So. 2d 861 (Fla. 2d DCA 1997). The state argued that there was no deficiency because in fact the mandatory minimums could have been stacked, as the record showed the conspiracy and the trafficking occurred at different times. Brothers v. State, 577 So. 2d 701 (Fla. 4th DCA) (holding that the trial court permissibly stacked defendant’s consecutive minimum mandatory sentences because he arranged the drug transactions at times different from when he executed them), dismissed, 582 So. 2d 622 (Fla.1991). In i…

Authorities Cited

• State v. Nimmons, 364 So. 2d 1262 (Fla. 1st DCA 1978)
• In re Amendment TO Fla. Rule OF Crim. Procedure 3.220 (Discovery), 550 So. 2d 1097 (Fla. 1989)