ALEXANDER GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALEXANDER GORDON, APPELLANT,
STATE OF FLORIDA, APPELLEE
906 So. 2d 316
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Perreault v. State, 853 So. 2d 604 (Fla. 5th DCA 2003) (stating that the imposition of concurrent minimum mandatory terms imposed pursuant to section 775.087(2)(d), Florida Statutes, for two firearm offenses arising out of the same criminal episode is not illegal).
SAWAYA, C.J., SHARP, W. and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 20 So. 3d 915 (Fla. 1st DCA 2009)…the trial court. The cases held the Department did not have authority to require the device as part of a defendant’s DUI sentence as it was a state agency, not a sentencing court, and had no independent statutory authority. See Embrey v. Dickenson, 906 So. 2d 316, 318 (Fla. 1st DCA 2005); Dickenson v. Aultman, 905 So. 2d 169, 171-72 (Fla. 3d DCA 2005); Doyon v. Dept. of Highway Safety & Motor Vehicles, 902 So. 2d 842, 844 (Fla. 4th DCA 2005). In response to these cases, the legislature enacted section 322.27…1 / 3
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Karz v. Dickenson, 932 So. 2d 426 (Fla. 2d DCA 2006)…Three other district courts have ruled in similar circumstances that the DHSMV had no authority to impose the ignition interlock device administratively when the trial court did not impose the restriction during sentencing. See Embrey v. Dickenson, 906 So. 2d 316 (Fla. 1st DCA 2005); Dickenson v. Aultman, 905 So. 2d 169 (Fla. 3d DCA 2005); Doyon v. Dep’t of Highway Safety & Motor Vehicles, 902 So. 2d 842 (Fla. 4th DCA 2005).1 We agree with those decisions and adopt the reasoning [*428] set forth therein in t…
Authorities Cited
- Perreault v. State, 853 So. 2d 604 (Fla. 5th DCA 2003)
- Tucker v. State, 853 So. 2d 604 (Fla. 5th DCA 2003)