ULYSSES DRAKE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Consecutive minimum mandatory sentences cannot be imposed for multiple offenses arising from a single transaction.
Appellant pleaded guilty to trafficking in cocaine and conspiracy to traffic in cocaine, based on a single transaction. The trial court imposed consec…
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THREADGILL, Judge.
The appellant challenges his sentences for trafficking in cocaine and conspiracy to traffic in cocaine. He argues the trial court erred in imposing three-year minimum mandatory sentences on each offense to run consecutively. We agree and reverse.
The appellant pleaded guilty and received concurrent sentences of twenty-five years’ imprisonment each for trafficking in cocaine and conspiracy to traffic in cocaine. The trial court imposed a three-year minimum mandatory term on each sentence, pursuant to section 893.-135(l)(b)l.a., Florida Statutes (Supp.1990), with the minimum mandatory term on the conspiracy offense to run consecutively to the minimum mandatory term on the trafficking offense.
The instant offenses were based upon a single transaction involving the same quantum of contraband. Consecutive minimum mandatory sentences may not be imposed when the multiple offenses for which the sentences are imposed are committed during a single continuous episode. Palmer v. State, 438 So. 2d 1 (Fla.1983); Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991), decision approved, 612 So. 2d 555 (Fla. 1992); Hernandez v. State, 556 So. 2d 767 (Fla. 2d DCA 1990). Accordingly, the minimum mandatory terms imposed in this case must be served concurrently.
We therefore reverse and remand for the trial court to impose concurrent minimum mandatory terms. The appellant does not need to be present.
Reversed and remanded.
CAMPBELL, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 695 So. 2d 861 (Fla. 2d DCA 1997)…cocaine and conspiracy to traffic in cocaine, when those offenses arise out of the same criminal episode and involve the same contraband. See Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA), review denied, 639 So. 2d 978 (Fla.1994); Drake v. State, 614 So. 2d 24 (Fla. 2d DCA 1993); Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991). Since the record shows that both the trafficking and the conspiracy in this instance arose out of the same criminal episode and involved the same contraband, the trial court erre…
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Bedoya v. State, 634 So. 2d 203 (Fla. 3d DCA 1994)…conspiracy and trafficking offenses arose from a single criminal episode. See Palmer v. State, 438 So. 2d 1 (Fla.1983); Woods v. State, 615 So. 2d 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 f…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991)
- Peoples v. State, 612 So. 2d 555 (Fla. 1992)
- Hernandez v. State, 556 So. 2d 767 (Fla. 2d DCA 1990)