BARBARA REYES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
• We affirm defendant’s convictions. Defendant has not established that the asserted errors raised on appeal mandate reversal. See State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986). However, we reverse the sentences to the extent that the 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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Prescott v. State, 698 So. 2d 602 (Fla. 4th DCA 1997)…ained that the phrase “punishable by imprisonment for a term of years not exceeding life” is not a life felony, but a first-degree felony providing for any term of years not exceeding life imprisonment. See [*604] § 775.082(3)(b); Robinson v. State, 642 So. 2d 644 (Fla. 4th DCA 1994); Mills v. State, 642 So. 2d 15 (Fla. 4th DCA 1994); Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993); Salas v. State, 589 So. 2d 343 (Fla. 4th DCA 1991). Because defendant’s sentence did not exceed the statutory maximum, we…
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Simpkins v. State, 784 So. 2d 1203 (Fla. 2d DCA 2001)…under a mistaken impression about the classification of his robbery offense. Armed robbery is a first-degree felony, not a life felony, for sentencing purposes. Robinson v. State, 621 So. 2d 556, 557 (Fla. 4th DCA 1993), overruled on other grounds, 642 So. 2d 644 (Fla. 4th DCA 1994). As such, it is not excepted from application of the Youthful Offender Act. Richardson v. State, 398 So. 2d 1010, 1011 (Fla. 1st DCA 1981). Accordingly, we reverse Simpkins’s sentence and remand to the trial court for resentenc…
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Bell v. State, 765 So. 2d 83 (Fla. 4th DCA 2000)…was proper because section 784.04(2) authorizes a sentence not to exceed life. This court reasoned that a term of imprisonment does not exceed life. See id. at 17; see also Hewitt v. State, 689 So. 2d 449, 449 (Fla. 4th DCA 1997); Robinson v. State, 642 So. 2d 644, 645 (Fla. 4th DCA 1994). Bell argues that Wilson v. State, 669 So. 2d 1071 (Fla. 4th DCA 1996), is in conflict with Mills and supports his position that his sentence is illegal. However, we conclude that the two cases are distinguishable. In Wilso…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Boatwright, 559 So. 2d 210 (Fla. 1990)
- Brown v. State, 624 So. 2d 405 (Fla. 2d DCA 1993)
- Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993)
- Kohn v. City OF Miami, 630 So. 2d 217 (Fla. 3d DCA 1993)