PATRICIA FRAZIER, APPELLANT,

v.

JOHN POZZI, SR., AND MADGE BLADH, APPELLEES

Citator

Cited By

• Perreault v. State, 853 So. 2d 604 (Fla. 5th DCA 2003)
  …ncino, 714 So. 2d 429 (Fla.1998), the supreme court clarified that the term “illegal sentence” as used in Florida Rule of Criminal Procedure 3.800(a) was not limited to only those sentences that exceed the statutory maximum. In Witherspoon v. State, 833 So. 2d 790 (Fla. 3d DCA 2002), the Third District Court of Appeal reversed an order denying a Rule 3.800(a) motion where the state conceded that it was error for the trial court to impose consecutive minimum mandatory sentences for firearm offenses where the o…
• Goree v. State, 911 So. 2d 129 (Fla. 3d DCA 2005)
  …wo firearm mandatory minimum terms where defendant shot woman and shot at, but missed, her son.” Id. at 891 n. 4. Thus, stacking of mandatory minimum sentences was permissible. The defendant relies on this court’s decision in Witherspoon v. State, 833 So. 2d 790 (Fla. 3d DCA 2002), but the facts of that case are not stated. The Christian decision spells out when stacking is, and is not, permitted. The defendant also relies on this court’s decision in Ward v. State, 630 So. 2d 217 (Fla. 3d DCA 1993). There…

Authorities Cited

• Sadowsky v. Levine, 135 So. 2d 776 (Fla. 3d DCA 1961)
• Wilson v. Wilson, 382 So. 2d 773 (Fla. 3d DCA 1980)