MICHAEL ANTONIO ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the trial court’s denial of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In 1985, the trial court would have had jurisdiction to consider and grant appellant’s motion filed under Florida Rule of Criminal Procedure 3.850, challenging the improper stacking of his minimum-mandatory sentences for five counts of robbery with a firearm. See Palmer v. State, 438 So. 2d 1 (Fla.1983) (courts may not impose consecutive minimum-mandatory sentences when a firearm is used to commit multiple crimes at the same time and place); Moore v. State, 464 So. 2d 1296 (Fla. 1st DCA 1985) (Palmer should be retroactively applied); Bass v. State, 530 So. 2d 282 (Fla.1988) (confirming that Palmer applied to sentences imposed prior to Palmer).
AFFIRMED.
ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.
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Cheaves v. State, 19 So. 3d 451 (Fla. 2d DCA 2009)…PER CURIAM. We reverse and remand appellant’s sentence for rescoring with a corrected guidelines scoresheet because the violation of probation in case number 95-524F was not before the court for resentencing. See Cheaves v. State, 761 So. 2d 1162 (Fla. 2d DCA 2000) (reciting the offenses in case number 95-3271F to be reconsidered for resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000)). The court shall correct the scoresheet by deleting the point value from the “Release Progra…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Bass v. State, 530 So. 2d 282 (Fla. 1988)
- Coleman Music & Games & Auto-Owners Ins. Co. v. Burton, 464 So. 2d 1296 (Fla. 1st DCA 1985)