JEFFREY L. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that imposing consecutive minimum mandatory sentences for offenses that do not themselves require minimum mandatory sentences is erroneous when the mandatory minimums stem from the habitual offender statute.
Jeffrey Davis was sentenced for armed robbery and possession of a firearm. The trial court imposed consecutive three-year minimum mandatory sentences …
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HALL, Judge.
Jeffrey Davis challenges his sentences for armed robbery and possession of a firearm. He contends that the trial court erred in imposing his three-year minimum mandatory sentence for possession of a firearm consecutively to his fifteen-year mandatory sentence as a habitual violent felony offender as that same sentencing scheme for the same offenses was held erroneous in Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). We agree and reverse.
In Longley, the Fifth District held that reasoning similar to that in Daniels v. State, 595 So. 2d 952 (Fla.1992), controlled its disposition of the appeal of Longley’s sentence. Daniels was sentenced as a habitual felony offender to consecutive fifteen-year sentences for burglary while armed, sexual battery with a deadly weapon, and armed robbery committed during a single criminal episode. The supreme court held that the sentences could only be imposed concurrently because the statutes prescribing penalties for those offenses do not require minimum mandatory sentences. Rather, it was the habitual offender statute that required the minimum mandatory sentences and, “as in the case of the three-year minimum mandatory sentence required for committing a felony while in possession of a gun, section 775.084 constitutes an enhancement of the felony prescribed by statute for the underlying offense.” 595 So. 2d at 954.
We agree with the Fifth District that Daniels requires reversal of the consecutive imposition of Davis’s minimum mandatory sentences because they too were not required by the statutes prescribing penalties for the offenses of which Davis was convicted. Accord Hale v. State, 630 So. 2d 521 (Fla.1993).
Accordingly, we reverse and remand with directions consistent herewith.
Reversed and remanded.
RYDER, A.C.J., and REESE, THOMAS S., Associate Judge, concur.
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Jackson v. State, 659 So. 2d 1060 (Fla. 1995)…PER CURIAM. We have for review Jackson v. State, 641 So. 2d 965 (Fla. 1st DCA 1994), based upon direct and express conflict with Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993), and Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). We have jurisdiction under article V, section 3(b)(4), Florida Constitution. Petitioner contends that our decision in Daniels v. State, 595 So. 2d 952 (Fla.1992), mandates…1 / 2
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Parrimon v. State, 644 So. 2d 95 (Fla. 2d DCA 1994)…rred, however, when it ordered that the three year mandatory prison term it imposed for possessing a firearm during the commission of the attempted robbery be served consecutively to the ten year mandatory habitual offender sentence. Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993). On remand, the trial court shall designate that the two mandatory minimum terms be served concurrently. Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). Finally, Parrimon challenges the trial court’s impositions of certain c…
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Prince Narvel Wray v. State, 632 So. 2d 682 (Fla. 5th DCA 1994)…assault. The sentences should be imposed concurrently because these offenses arose out of a single criminal episode. See Palmer v. State, 438 So. 2d 1, 3 (Fla.1983); Haye v. State, 615 So. 2d 762, 767-68 (Fla. 5th DCA 1993). See also Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993); Crenshaw v. State, 620 So. 2d 1288 (Fla. 4th DCA 1993). We also have considered the remaining issues raised by Wray, and we conclude that the trial court properly denied Wray’s motions for judgments of acquittal as to all kidnap…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)
- Jones v. State, 614 So. 2d 34 (Fla. 2d DCA 1993)
- Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993)