WELLINGTON REGIONAL MEDICAL CENTER, INC., D/B/A WELLINGTON REGIONAL MEDICAL CENTER, APPELLANT,
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, BETHESDA HEALTHCARE SYSTEM, INC., D/B/A WEST BOYNTON COMMUNITY HOSPITAL, DELRAY MEDICAL CENTER, D/B/A DELRAY MEDICAL CENTER AND JFK MEDICAL CENTER LIMITED PARTNERSHIP D/B/A JFK MEDICAL CENTER, APPELLEES
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The court affirmed convictions for aggravated assault with a firearm and discharging a firearm, but reversed the imposition of a mandatory minimum sentence under the "10/20/life" statute because the firearm discharge did not occur during the commission of the aggravated assaults.
The court held that the "10/20/life" statute's mandatory minimum sentence applies only if a firearm is discharged during the commission of the felony, not during a separate incident prior to the aggravated assaults.
Roberto Lemus was convicted of aggravated assault on law enforcement officers and discharging a firearm. He fired a shot into the ground during a stan…
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Affirmed. See Delray Med. Ctr. v. State of Fla., Agency For Health Care Admin., No. 4D07-3489, 5 So.3d 26, 2009 WL 187683 (Fla. 4th DCA Jan. 28, 2009).
GROSS, C.J., POLEN, J., and GOLDENBERG, RENEE, Associate Judge, concur.
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- Delray Med. Ctr., Inc. v. State of Fla. Agency FOR Health Care Admin., 5 So. 3d 26 (Fla. 4th DCA 2009)