LEROY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Leroy Jones challenges the stacking of four consecutive three-year mandatory minimum sentences on four convictions for aggravated assault with a firearm. He contends that the court, pursuant to Palmer v. State, 438 So. 2d 1 (Fla.1983), and its progeny, cannot impose consecutive mandatory minimum sentences under section 775.087(2), Florida Statutes, for use of a fire arm for offenses arising out of a continuous temporal sequence at the same location. Case law compels reversal of appellant’s four consecutive three-year mandatory minimum sentences. We remand with directions to the trial court tó impose concurrent sentences. Palmer; Bass v. State, 530 So. 2d 282 (Fla. 1988); Daniels v. State, 466 So. 2d 1262 (Fla. 1985); State v. Ames, 467 So. 2d 994 (Fla. 1985); Wilson v. State, 467 So. 2d 996 (Fla. 1985); Young v. State, 631 So. 2d 372 (Fla. 2d DCA 1994); Weatherspoon v. State, 624 So. 2d 405 (Fla. 2d DCA 1993); Ferrell v. State, 610 So. 2d 654 (Fla. 1st DCA 1992); Gloster v. State, 568 So. 2d 1318 (Fla. 2d DCA 1990); Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987). Appellant need not be present at resentencing.
REVERSED and REMANDED with directions.
KAHN, MICKLE and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 672 So. 2d 111 (Fla. 1st DCA 1996)…the same sentence as originally imposed in this case, except that the three year mandatory minimum sentences upon Jones for his four offenses involving the use of a firearm, must be made concurrent, consistent with our prior opinion. Jones v. State, 642 So. 2d 671 (Fla. 1st DCA 1994). The one year mandatory minimum sentence for aggravated battery with a vehicle is unaffected and may be consecutive to the three year mandatory minimum sentences. Again, we note that Jones need not be present at resentencing. I…
Authorities Cited (11 total)
- 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)
- THE Florida BAR v. Napier, 467 So. 2d 994 (Fla. 1985)
- State v. Ames, 467 So. 2d 994 (Fla. 1985)
- Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987)
- Clem Gloster v. State, 568 So. 2d 1318 (Fla. 2d DCA 1990)
- Young v. State, 631 So. 2d 372 (Fla. 2d DCA 1994)
- Brown v. State, 624 So. 2d 405 (Fla. 2d DCA 1993)
- Cedrick Bernard Daniels v. State, 466 So. 2d 1262 (Fla. 2d DCA 1985)