JUAN CARLOS IBARRO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant Ibarro was convicted of conspiracy to traffic in cocaine and trafficking in cocaine, and sentenced to consecutive mandatory minimum sentences on both counts. The Fifth District Court of Appeal affirmed, holding that consecutive mandatory minimum sentences are permissible where the conspiracy and trafficking offenses are sufficiently separate in time and constitute distinct criminal episodes.
Consecutive mandatory minimum sentences are permissible for conspiracy and trafficking convictions where the conspiracy is distinct and separate from the trafficking. The court held that Ibarro's offenses were sufficiently separate in time to warrant consecutive mandatory minimum sentences, and that the legislature intended both trafficking and conspiracy to be punished severely and separately.
[1] Consecutive mandatory minimum sentences may be imposed for conspiracy and trafficking convictions when the conspiracy is distinct and separate from the trafficking offens…
[2] The temporal separation between the conspiracy and trafficking offenses can support the imposition of consecutive mandatory minimum sentences.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Stacking of consecutive mandatory minimum sentences is permissible for conspiracy and trafficking convictions where the conspiracy is distinct and separate from the trafficking.”
Establishes the core legal rule governing when consecutive mandatory minimums may be imposed on these offenses.
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Join FLexlaw to unlock all legal intelligenceIbarro was charged with conspiracy to traffic in cocaine occurring between August 29-31, 1989, and trafficking in cocaine on August 31, 1989. He was c…
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COWART, Judge.
The defendant was charged and convicted of conspiracy to traffick in cocaine (§ 777.04(3), Fla.Stat.), the offense occurring sometime between August 29, 1989 and August 31, 1989 and trafficking in cocaine (§ 893.135(1)(b)3, Fla.Stat.)1, the offense occurring on August 31, 1989, and was sentenced on the trafficking count to seven years incarceration concurrent with the sentence on the conspiracy count and with a three year mandatory minimum sentence under section 893.135(1)(b)1, to run consecutive to a mandatory minimum sentence on the conspiracy count and sentenced to seven years incarceration on the conspiracy count concurrent to the seven year sentence on the trafficking count with a three year mandatory minimum to run consecutive to the three year mandatory minimum on the trafficking count.
The defendant appeals, contending the trial court erred in imposing consecutive mandatory minimum sentences on the trafficking and on the conspiracy charges, citing Palmer v. State, 438 So. 2d 1 (Fla.1983), alleging both 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, 583 So. 2d 1036 (Fla.1991) (consecutive mandatory minimum sentences reversed on conspiracy and trafficking charges where offenses could not be distinguished and arose from a single continuous episode); Short v. State, 572 So. 2d 1007 (Fla. 3d DCA 1991) (consecutive mandatory minimum sentences reversed where conspiracy and trafficking charges arose out of same episode); and Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987) (trafficking and conspiracy arose from a single transaction).
In the instant case the offenses of trafficking and conspiracy were sufficiently separate in time to warrant imposition of consecutive mandatory minimum sentences. The legislature contemplated that both trafficking and conspiracy were to be punished severely and could be punished separately. See Sections 893.135, 921.16(1), Florida Statutes, and Berrio at 980.
AFFIRMED.
PETERSON and DIAMANTIS, JJ., concur. . The defendant was originally charged with trafficking in cocaine in the amount of more than 28 grams but less than 200 grams (§ 893.-135(l)(b)l, Fla.Stat.). The plea colloquy reflects this charge. The judgment and sentence incorrectly show a conviction for trafficking in cocaine in an amount greater than 400 grams (§ 893.135(l)(b)3, Fla.Stat.). However, the sentence imposed on this charge was within the statutory maximum for a violation as charged under section 893.135(l)(b)l, Florida Statutes.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991)
- Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987)
- 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)
- City OF Sweetwater v. Zaldivar, 577 So. 2d 701 (Fla. 3d DCA 1991)
- Jame Elmer Boughey v. State, 577 So. 2d 701 (Fla. 3d DCA 1991)