RUSSELL WHITE BROTHERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Russell White Brothers appealed his convictions for RICO violations, cocaine trafficking conspiracy, and cocaine trafficking, challenging the trial court's consecutive sentencing of his minimum mandatory terms. The Fourth District affirmed the convictions and sentences, holding that consecutive sentences were permissible because the conspiracies and actual drug transactions were temporally and legally distinct.
The trial court properly stacked consecutive minimum mandatory sentences because the conspiracies were separate and distinct from the actual trafficking offenses, as evidenced by the temporal separation between negotiation and execution of each drug transaction. No reversible error existed on the remaining issues.
[1] Consecutive minimum mandatory sentences may be permissibly stacked when drug transactions are arranged at different times than when they are executed, establishing separa…
[2] A jury verdict finding a defendant guilty of racketeering, criminal conspiracy to traffic in cocaine, and trafficking in cocaine is affirmed when supported by the evidenc…
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Join FLexlaw to unlock all legal intelligence“We hold that the trial court permissibly stacked the appellant's consecutive minimum mandatory sentences because the appellant arranged the drug transactions at times different from when he actually executed them.”
Establishes the primary holding regarding the legality of consecutive sentences based on temporal separation between conspiracy and trafficking phases.
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Join FLexlaw to unlock all legal intelligenceBrothers was charged with one RICO count, three counts of criminal conspiracy to traffic in cocaine, and three counts of cocaine trafficking. A jury c…
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PER CURIAM.
The appellant was charged in an amended information with one count of violation of the Florida Racketeering Influenced and Corrupt Organization Act, three counts of criminal conspiracy to traffic in cocaine, and three counts of trafficking in cocaine. The jury returned a verdict finding the appellant guilty of the racketeering charge, two counts of criminal conspiracy to traffic in cocaine and two counts of trafficking in cocaine. The trial court entered judgment on the verdict and sentenced the appellant to nine years imprisonment on the racketeering charge, concurrent with consecutive terms of fifteen years imprisonment and a $250,000 fine on each of the remaining counts. The appellant appeals from his conviction and sentence. We affirm.
We hold that the trial court permissibly stacked the appellant’s consecutive minimum mandatory sentences because the appellant arranged the drug transactions at times different from when he actually executed them. He negotiated the first transaction on April 6 and 7 but did not pick up the cocaine until April 8, and he negotiated the second transaction on June 5 or 6 but did not pick up the cocaine until June 7. Thus, the conspiracies were separate and distinct from the trafficking. See Boom v. State, 538 So. 2d 476 (Fla. 2d DCA 1989); Berrio v. State, 518 So. 2d 979 (Fla. 2d DCA 1988). Contra Short v. State, 572 So. 2d 1007 (Fla. 3d DCA 1991). We find no reversible error on the remaining issues. However, we note in passing that we do not consider the merits of the guidelines sentencing departure reasons given by the trial court because they are rendered moot by our decision. AFFIRMED.
HERSEY, C.J., LETTS, J., and WALDEN, JAMES H., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Short v. State, 572 So. 2d 1007 (Fla. 3d DCA 1991)
- Berrio v. State, 518 So. 2d 979 (Fla. 2d DCA 1988)
- Boom v. State, 538 So. 2d 476 (Fla. 2d DCA 1989)