MICHAEL WARD, APPELLANT
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael Ward appeals an order denying his motion to correct illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure. Ward raises several issues in his motion; one merits discussion.
Ward was sentenced to 30 years in prison with three years minimum mandatory on a third degree murder with a firearm conviction, to run consecutively with a 30 year term in prison with three years minimum mandatory on an attempted second degree murder with a firearm conviction. Ward correctly asserts that imposition of consecutive minimum mandatory sentences under the facts of this case is error. “It is error to impose consecutive mandatory minimum sentences for the use of a firearm during a single criminal episode, even where there are two victims, where the episode occurred without interruption in time and location.” Weatherspoon v. State, 624 So. 2d 405, 407 (Fla. 2d DCA 1993); Wilson v. State, 467 So. 2d 996 (Fla.1985); Palmer v. State, 438 So. 2d 1 (Fla.1983). In this case, imposition of consecutive minimum mandatory sentences is illegal. Bass v. State, 530 So. 2d 282 (Fla.1988).
The order is reversed and the cause remanded* for resentencing.
Reversed and remanded.
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Reyes v. State, 642 So. 2d 644 (Fla. 3d DCA 1994)…e court imposed consecutive minimum mandatory sentences for counts II through VI. On remand, the trial court is directed to impose concurrent minimum mandatory sentences on those counts. State v. Boatwright, 559 So. 2d 210 (Fla.1990); Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993); Weatherspoon v. State, 624 So. 2d 405 (Fla. 2d DCA 1993). Convictions affirmed; sentences affirmed in part and reversed in part; and cause remanded for resentencing in accordance with this decision.…
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Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994)…inimum mandatory terms on the armed robbery conviction and the aggravated battery conviction charged in Count V. The convictions arose from the same criminal episode and involved the same victim; the terms should run concurrently. See Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993). When defendant fled the store, he shot the security guard; that offense resulted in a conviction for attempted first degree murder. Defendant then made two attempts at two different locations to commandeer different cars; both a…
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Zayneller Gates v. State, 633 So. 2d 1158 (Fla. 1st DCA 1994)…tory minimum sentences is improper. See Daniels v. State, 595 So. 2d 952 (Fla.1992); Palmer v. State, 438 So. 2d 1 (Fla.1983); Cofield v. State, 602 So. 2d 586 (Fla. 1st DCA 1992); Knight v. State, 509 So. 2d 1254 (Fla. 1st DCA 1987); Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993); Pena v. State, 619 So. 2d [*1160] 435 (Fla. 2d DCA 1993); Lewis v. State, 502 So. 2d 489 (Fla. 2d DCA 1987). Accordingly, the order denying appellant’s rule 3.800(a) motion to correct illegal sentence is reversed, and the cause…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Bass v. State, 530 So. 2d 282 (Fla. 1988)
- Wilson v. State, 467 So. 2d 996 (Fla. 1985)
- Brown v. State, 624 So. 2d 405 (Fla. 2d DCA 1993)