JAMES TIMONERE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-12-20
No. 95-00122
THREADGILL, C.J., and FULMER, J., concur.
666 So. 2d 197 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
FRANK, Judge.

FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resentencing within the guidelines. Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So. 2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J., and FULMER, J., concur.


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  • A.L. v. State, 790 So. 2d 1149 (Fla. 2d DCA 2001)
    …ent do not conform due to the requirement in the written order that A.L. write a letter of apology to the victim. We agree. Since the letter of apology was not in the oral pronouncement, it must be stricken from the written judgment. Murph v. State, 666 So. 2d 197, 198 (Fla. 2d DCA 1995); A.R. v. State, 504 So. 2d 66 (Fla. 2d DCA 1987). Accordingly, we affirm the adjudication of delinquency but remand with instructions for the trial court to enter a new disposition order that places A.L. on community control…
  • Fannin v. State, 751 So. 2d 158 (Fla. 2d DCA 2000)
    …ingle fifteen-year mandatory minimum with concurrent sentences for all other counts); see also Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994) (reversed and remanded for re-sentencing within guidelines), appeal after remand, Timonere v. State, 666 So. 2d 197 (Fla. 2d DCA 1995) (reversed repeated stacking of minimum mandatories, remanded for re-sentencing to single fifteen-year mandatory minimum with concurrent sentences for all other counts). On December 8, 1993, after this court handed down its opinio…
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  • B.R.W. v. State, 799 So. 2d 328 (Fla. 2d DCA 2001)
    …rt’s oral ruling. Based on the evidence and the trial court’s oral pronouncement, we agree that the disposition order must be corrected to reflect that B.R.W. was found guilty of a second-degree misdemeanor for criminal mischief. See Murph v. State, 666 So. 2d 197, 198 (Fla. 2d DCA 1995); A.R. v. State, 504 So. 2d 66 (Fla. 2d DCA 1987); § 806.13(1)(b)(1), Fla. Stat. (2000). Additionally, the single disposition order utilized in this case does not separately identify the maximum commitment period imposed on e…

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