ISIDRO SANTIAGO PENA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw
HALL, Judge.
Isidro Santiago Pena appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that the trial court improperly imposed consecutive three year mandatory minimum sentences for use of a firearm when sentencing him for second degree murder and aggravated battery. We agree.
The surviving victim testified at Pena’s trial that just a second passed between Pena’s hitting of her with the butt of his gun and Pena’s shooting and killing of her husband. This testimony clearly establishes that Pena committed the murder and the aggravated battery during a single criminal episode. The three year mandatory minimum sentences for possession of a firearm during the commission of a felony may not be imposed consecutively when the felonies were committed in the course of a single criminal episode. Palmer v. State, 438 So. 2d 1 (Fla.1983).
Accordingly, we remand this case with directions to correct the sentences so that the minimum mandatory sentences are served concurrently.
Remanded.
THREADGILL and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Elder v. Frank Norton, M.D., 711 So. 2d 586 (Fla. 2d DCA 1998)…cumstances, trial courts have the discretion to levy monetary sanctions, including attorney’s fees and costs arising from discovery abuses, or any other action consistent with the Rules Regulating The Florida Bar. See Martin v. Laidlaw Tree Service, 619 So. 2d 435 (Fla. 2d DCA 1993). Such sanctions may be considered on remand in the present case. The trial court abused its discretion in dismissing Elder’s claim absent evidence indicating Elder assumed an active role in abusing the discovery process. We see…
-
Zayneller Gates v. State, 633 So. 2d 1158 (Fla. 1st DCA 1994)
-
Littlefield v. Torrence, 778 So. 2d 368 (Fla. 2d DCA 2001)…we reverse the dismissal, we do not intend to imply that Littlefield should not be sanctioned for his behavior. The circuit court is free to fashion another sanction that is commensurate with the violation. See Martin v. Laidlaw Tree Service, Inc., 619 So. 2d 435, 438 (Fla. 2d DCA 1993) (citing Ferrante v. Waters, 383 So. 2d 749, 750-51 (Fla. 4th DCA 1980)). FULMER, A.C.J., and GREEN, J., concur.…
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
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)