JOE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Chief Judge.
The appellant, Joe Johnson, challenges his judgments and sentences for trafficking in cocaine and conspiracy to traffic in cocaine. While he raises several issues, we find merit only in his contention that the trial court erred in imposing consecutive minimum mandatory sentences upon him. We, therefore, remand for resentencing.
Consecutive minimum mandatory sentences may not be imposed for trafficking in cocaine and conspiracy to traffic in cocaine, when those offenses arise out of the same criminal episode and involve the same contraband. See Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA), review denied, 639 So. 2d 978 (Fla.1994); Drake v. State, 614 So. 2d 24 (Fla. 2d DCA 1993); Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991). Since the record shows that both the trafficking and the conspiracy in this instance arose out of the same criminal episode and involved the same contraband, the trial court erred in ordering the minimum mandatory sentences for those offenses to be served consecutively. We, therefore, reverse and remand for resentencing. We affirm in all other respects.
Affirmed in part, reversed in part, and remanded for resentencing.
QUINCE and NORTHCUTT, JJ., concur.
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Kelly v. State, 924 So. 2d 69 (Fla. 4th DCA 2006)…y has been superseded by Daniels and Hale. Similarly, Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA 1994), relied on Vickery and did not discuss Hale or Daniels. The second district has continued to follow this line of cases. See Johnson v. State, 695 So. 2d 861 (Fla. 2d DCA 1997). We believe that these decisions are contrary to both Hale and Daniels. In this case, we conclude that the court was correct in denying the motion for post-conviction relief. The attorney, prosecutor, and court did not misadvise…1 / 2
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Authorities Cited
- Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA 1994)
- Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991)
- Edelmiro Alvarez v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991)
- Ulysses Drake, Jr. v. State, 614 So. 2d 24 (Fla. 2d DCA 1993)