RALPH LANHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We reverse the trial court’s imposition of consecutive minimum mandatory sentences for appellant’s two convictions, for assaulting two victims with a firearm, which arose out of the same criminal episode. Appellant displayed, but never fired, his weapon. See State v. Sousa, 903 So.2d 923, 926 (Fla.2005); State v. Christian, 692 So.2d 889, 890-91 (Fla.1997). In addition, there was an insufficient temporal or spatial break to constitute two separate criminal episodes. See Perry v. State, 973 So.2d 1289 (Fla. 4th DCA 2008); Roberts v. State, 990 So.2d 671, 675 (Fla. 4th DCA 2008); Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). Appellant need not be present for the ministerial act of correcting his sentences.
REVERSED and REMANDED for entry of corrected order.
PADOVANO and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)…committed during a single episode. As explicated below, we affirm the sentencing scheme, concluding that section 775.087(2)(d) expressly authorizes consecutive mandatory minimum sentences. In reaching this conclusion, we recede from Lanham v. State, 60 So. 3d 532 (Fla. 1st DCA 2011), in which we held consecutive mandatory minimum sentences impermissible where a defendant displays a firearm, but does not discharge it, while committing multiple offenses. We further certify conflict with Irizarry v. State, 946…1 / 2
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Guichard Jean-Baptiste v. State, 155 So. 3d 1237 (Fla. 4th DCA 2015)…all entertain submissions and evidence by the parties that are relevant to the sentence.” Fla. R. Crim. P. 3.720(b). Our courts have read rule 3.720(b) as requiring a trial court to permit a defendant to make a statement to the court. Dean v. State, 60 So. 3d 532 (Fla. 1st DCA 2011); Chillingworth v. State, 846 So. 2d 674 (Fla. 4th DCA 2003); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999). We previously determined that the trial court “departed from the essential requirements set forth in rule 3.720(b)…
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Hill v. State, 246 So. 3d 392 (Fla. 4th DCA 2018)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Christian, 692 So. 2d 889 (Fla. 1997)
- State v. Sousa, 903 So. 2d 923 (Fla. 2005)
- Sigfredo Irizarry v. State, 946 So. 2d 555 (Fla. 5th DCA 2006)
- Perry v. State, 973 So. 2d 1289 (Fla. 4th DCA 2008)
- Roberts v. State, 990 So. 2d 671 (Fla. 4th DCA 2008)