JAVARUS LAMONT MORGAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-03-19
No. 3D12-1848
Before SHEPHERD, C.J., and SALTER and EMAS, JJ.
137 So. 3d 1075 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 9 cases
Topics
Firearm Discharge Consecutive Mandatory Minimum Sentences Possession Of A Firearm Criminal Episode

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Opinion of the Court
SHEPHERD, C.J.

SHEPHERD, C.J.

This is an appeal by Javarus Morgan from the denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Morgan asserts that section 775.087(2)(d), commonly known as Florida’s “10-20-Life” Statute, does not authorize consecutive minimum mandatory sentences for multiple qualifying crimes committed during the same criminal episode when the defendant possesses but does not discharge a firearm. We hold, as did the First District Court of Appeal in Walton v. State, 106 So.3d 522, 528 (Fla. 1st DCA 2013) (en banc), belated discretionary rev’ granted, 123 So.3d 1148 (Fla.2013), that section 775.087(2)(d) unambiguously requires that “any mandatory minimum term required by section 775.087(2) — whether the defendant fires a gun, or only carries or displays it — shall be imposed consecutively to any other term imposed for any other felony.” We further certify conflict with Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006).

Affirmed. Conflict certified.

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Cited By

  • Javarus Lamont Morgan v. State, 42 Fla. L. Weekly S680 (Fla. 3d DCA 2019)
    …(a). This is the third time this Court has considered one of the two issues raised by Morgan, the so-called “stacking” of minimum mandatory sentences under the 10- 20-life statute when a firearm is possessed but not discharged. See Morgan v. State, 137 So. 3d 1075 (Fla. 3d DCA 2014), decision quashed, 42 Fla. L. Weekly S680 (Fla. May 26, 2017); and Morgan v. State, 233 So. 3d 1194 (Fla. 3d DCA 2017) (“Morgan II”). After the remand by the Florida Supreme Court, Morgan II reversed the prior trial court order d…
  • Linaker Charlemagne v. State, 223 So. 3d 1124 (Fla. 3d DCA 2017)
    …the sentences imposed by the trial court (cross-appeal), including the twenty-five year mandatory minimum sen [*1126] tences, which the trial court ordered to be served concurrently. Affirmed. . We also relied upon our decision in Morgan v. State, 137 So. 3d 1075 (Fla. 3d DCA 2014). The Florida Supreme Court subsequently quashed Morgan and remanded the case for reconsideration in light of Walton and Williams. Morgan v. State, SC 14-757, 2017 WL 2302326 (Fla. May 26, 2017).…
  • Linaker Charlemagne v. State, 185 So. 3d 540 (Fla. 3d DCA 2016)
    …conviction without discussion. " At the same time, we find the trial court had a mandatory obligation under section 775.087(2)(d) of the Florida Statutes (2014), to impose the minimum mandatory sentences consecutively in this case. Morgan v. State, 137 So. 3d 1075 (Fla. 3d DCA 2014) (stating that section 775.087(2) requires “any mandatory minimum term required by section 775.087(2) — whether the defendant fires a gun or only carries or displays it — shall be imposed consecutively to any other term imposed for…

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