JAMES TYRONE ROBERTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that while the denial of the motion to withdraw the guilty plea was not an abuse of discretion, the sentencing was improper based on subsequent case law.
Roberts pled guilty to attempted murder and was sentenced to fifty years with a 45-year minimum mandatory, with the trial court believing consecutive …
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PER CURIAM.
James Tyrone Roberts appeals the trial court’s denial of his motion to withdraw his plea. We affirm in part and reverse in part.
Roberts was charged with attempted first degree murder of David Francois and Jean Francois. He pled guilty and was sentenced to fifty years, with a 45-year minimum mandatory. At sentencing, the trial court expressed a belief that the law required consecutive sentences.
We find no abuse of discretion in the trial court’s denial of Roberts’ motion to withdraw his guilty plea. However, in Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002), a case decided after the trial court’s ruling, we held that section 775.087(2)(d) required consecutive sentences “only to another separate crime, rather than those involved in a single pros ecution.” Id. at 1178. See also Stafford v. State, 818 So. 2d 693 (Fla. 5th DCA 2002). We thus affirm the denial of the motion to withdraw the plea, but reverse for the trial court to impose concurrent minimum mandatory sentences.
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Deron Delarease Green v. State, 845 So. 2d 895 (Fla. 3d DCA 2003)…other term of imprisonment imposed for any other felony offense. This provision does not explicitly prohibit a judge from imposing the minimum mandatory sentences concurrent to each other. (e.s.) Mondesir, 814 So. 2d at 1173. See Roberts v. State, 834 So. 2d 899 (Fla. 3d DCA 2002); Williams v. State, 820 So. 2d 1000 (Fla. 3d [*896] DCA 2002); Stafford v. State, 818 So. 2d 693 (Fla. 5th DCA 2002). Furthermore, the Florida Supreme Court has held that, absent specific legislative authorization, minimum mandat…
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Sousa v. State, 868 So. 2d 538 (Fla. 2d DCA 2003)…cing multiple offenses from the same criminal episode under section 775.087, the sentences should run concurrently. See also Green v. State, 845 So. 2d 895 (Fla. 3d DCA 2003); Wilchcombe v. State, 842 So. 2d 198 (Fla. 3d DCA 2003); Roberts v. State, 834 So. 2d 899 (Fla. 3d DCA 2002); Sehnal v. State, 826 So. 2d 498 (Fla. 4th DCA 2002); Williams v. State, 820 So. 2d 1000 (Fla. 3d DCA 2002); Stafford v. State, 818 So. 2d 693 (Fla. 5th DCA 2002); Tunsil v. State, 797 So. 2d 651 (Fla. 3d DCA 2001). Because we ag…
Authorities Cited
- Philome Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002)
- Ira Stafford v. State, 818 So. 2d 693 (Fla. 5th DCA 2002)