GUILLERMO SANCHEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GUILLERMO SANCHEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
693 So. 2d 678
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
We find, as the State properly concedes, that the trial court erred by sentencing the defendant, Guillermo Sanchez, to a three-year minimum mandatory term for the use of a firearm to run consecutively to the minimum mandatory terms imposed pursuant to the habitual violent offender statute. Accordingly, we reverse and remand for resentencing consistent with Jackson v. State, 659 So. 2d 1060 (Fla.1995).
The defendant’s remaining points lack merit.
Affirmed, in part; reversed, in part, and remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
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Tunsil v. State, 797 So. 2d 651 (Fla. 3d DCA 2001)…e same criminal episode. For that reason it is clear that the mandatory minimum sentences should be concurrent. See Jackson v. State, 659 So. 2d 1060, 1061, 1062-63 (Fla.1995); Jackson v. State, 712 So. 2d 467 (Fla. 4th DCA 1998); Sanchez v. State, 693 So. 2d 678 (Fla. 3d DCA 1997). We therefore reverse the order now under review and remand for reduction of the sentences on count one to the legal maximum, and to correct the mandatory minimum sentences on both counts so that they run concurrently. Defendant…
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State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013)…duct arising from the same incident. Traditionally, the legislature has left to the prosecutor’s discretion which violations to prosecute and hence which range of penalties to visit upon the offender.”) (internal citations omitted); Seybel v. State, 693 So. 2d 678, 679 (Fla. 4th DCA 1997) (“[U]n-der Florida’s constitution, the state attorney has the discretion in deciding whether and how to prosecute a defendant.”) (citation omitted). Applied here, the state has the discretion to prosecute the defendant under…
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Sanchez v. State, 848 So. 2d 1253 (Fla. 3d DCA 2003)…ocedure 3.850. We remand for further proceedings. Defendant-appellant Sanchez was convicted of armed robbery and attempted armed robbery. The convictions were affirmed on appeal, with a remand for correction of a sentencing error. Sanchez v. State, 693 So. 2d 678 (Fla. 3d DCA 1997). The defendant’s current Rule 3.850 motion is his second (“the Second Motion”). It was filed more than two years after his convictions and sentences became final. As grounds for filing the Second Motion beyond the two-year time…
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- Jackson v. State, 659 So. 2d 1060 (Fla. 1995)