JOHN HENRY MEADOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court vacated consecutive mandatory minimum sentences for aggravated assault convictions where defendant displayed but did not discharge a firearm, holding that section 775.087(2)(d) requires concurrent sentences in such cases.
When a defendant is convicted of aggravated assault with a firearm but does not discharge the weapon, mandatory minimum sentences must be imposed concurrently rather than consecutively under section 775.087(2)(d).
[1] Under section 775.087(2)(d), Florida Statutes, when a defendant displays but does not discharge a firearm during aggravated assault offenses arising from a single crimina…
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Join FLexlaw to unlock all legal intelligenceMeador was charged and convicted of five counts of aggravated assault with actual possession of a firearm arising from a single criminal episode in wh…
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Appellant, John Henry Meador, raises two issues on appeal, challenging his judgment and five consecutive mandatory minimum sentences for five counts of aggravated assault with actual possession of a firearm, arising from a single criminal episode. We affirm the first issue without comment, and write only to address Mea-dor’s assertion that the trial court erroneously. determined it was required under section 775.087(2)(d), Florida Statutes (2013), to impose the mandatory minimum sentences consecutively.
On March 3, 2016, the Florida Supreme Court issued its opinion in Williams v. State, 41 Fla. L. Weekly S73, 186 So.3d 989, 2016 WL 825242 (Fla. Mar. 3, 2016), addressing whether section 775.087(2)(d) requires consecutive sentences for offenses arising from a single criminal episode. The court answered the question in the negative, holding that if the defendant discharges the firearm, consecutive sentences are permissible but not mandatory, Id. at S74. However, the court held that wheré a defendant does not discharge the firearm, the mandatory minimum sentences must be imposed concurrently. Id. Here, Mea-dor was charged and convicted for five counts of aggravated assault wherein he displayed, but did not discharge a firearm. Accordingly, we are constrained to vacate Meador’s consecutive sentences and remand for resentencing consistent -with this opinion. ' ..
AFFIRMED in part, VACATED in part, and REMANDED.
WOLF, ROWE, and SWANSON, JJ., concur. „