KAMARCCUS JALEEL WEBSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed battery and aggravated battery convictions but reversed and remanded for resentencing because Florida Supreme Court's Williams decision made consecutive mandatory-minimum sentences permissive rather than mandatory under the 10-20-Life statute.
Consecutive mandatory-minimum sentences under Florida's 10-20-Life statute are permissible but not mandatory when multiple firearm offenses are committed contemporaneously.
[1] Consecutive mandatory-minimum sentences under Florida's 10-20-Life statute are permissible but not mandatory when multiple firearm offenses are committed contemporaneousl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If ... multiple firearm offenses are committed contemporaneously, during which time multiple victims are shot at, then consecutive sentencing is permissible but not mandatory. In other words, a trial judge has discretion to order the mandatory minimum sentences to run consecutively, but may impose the sentences concurrently.”
Florida Supreme Court's holding in Williams v. State regarding discretion in sentencing under the 10-20-Life statute.
Appellant was convicted of battery, aggravated battery with great bodily harm by firearm, and two counts of aggravated assault by threat with a firear…
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Appellant was convicted of one count of battery, one count of aggravated battery with great bodily harm by discharging a firearm, and two counts of aggravated assault by threat with a firearm. We affirm these convictions without further comment but reverse and remand for resentencing pursuant to the Florida Supreme Court’s recent decision in Williams v. State, 186 So.3d 989 (Fla.2016). Below, the trial court imposed consecutive mandatory-minimum sentences for the aggravated battery and aggravated assault offenses pursuant to this Court’s case law interpreting the 10-20-Life statute. The court noted that such sentences were “required by law.” Appellant’s counsel acknowledged consecutive sentencing was required but nonetheless objected. Although the trial court was correct at the time, the supreme court subsequently held that consecutive sentences are permissible but not mandatory. See Williams, 186 So.3d 989 (“If ... multiple firearm offenses are committed contemporaneously, during which time multiple victims are shot at, then consecutive sentencing is permissible but not mandatory. In other words, a trial judge has discretion to order the mandatory rpini-mum sentences to run consecutively, but may impose the sentences concurrently.”) (citations omitted). The State concedes that resentencing is proper in this case. As such, we affirm Appellant’s convictions but remand for resentencing, at which time the trial court may determine whether to impose the mandatory-minimum portions of Appellant’s sentences consecutively or concurrently.
AFFIRMED in part; REVERSED and REMANDED in part.
RAY, BILBREY, and JAY, JJ., concur.