GREGORY AZOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed robbery and assault convictions but reversed and remanded for resentencing to impose concurrent rather than consecutive mandatory minimum sentences under the 10-20-Life statute following the Florida Supreme Court's clarification in Williams v. State.
A trial court must impose mandatory minimum sentences concurrently when multiple firearm offenses arise from the same criminal episode and a firearm was merely possessed but not discharged.
[1] Mandatory minimum sentences for multiple firearm offenses arising from the same criminal episode must be imposed concurrently, not consecutively, when a firearm was merel…
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“consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged”
Florida Supreme Court's clarification of the proper application of the 10-20-Life statute regarding concurrent versus consecutive sentencing
Appellant was convicted of two counts of robbery with a firearm and one count of aggravated assault, and the trial court imposed consecutive mandatory…
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Appellant was convicted of two counts of robbery with a firearm and one count of aggravated assault. 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 pursuant to this court’s precedent interpreting section 775.087(2), Florida Statutes (2008) (the 10-20-Life statute). The trial court believed it was constrained to impose the mandatory minimum terms consecutively based on our original holding in Williams v. State, 125 So.3d 879. (Fla. 4th DCA 2013), quashed by Williams, 186 So.3d 989. Although the trial court was correct at the time, our supreme court subsequently quashed that original holding, clarifying that “a trial court must impose the mandatory minimum sentences concurrently under such circumstances,” because “consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.” Williams, 186 So.3d at 993.
As such, we affirm appellant’s convictions but remand for imposition of concurrent mandatory minimum terms in accordance with the supreme court’s most recent opinion.
Affirmed in part; Reversed and Remanded in part.
GROSS, FORST and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tasheem T. Davis v. State, 223 So. 3d 268 (Fla. 4th DCA 2017)…must impose the mandatory minimum sentences concurrently under such circumstances.” Williams, 186 So. 3d at 993. We accordingly affirm Appellant’s convictions but remand for imposition of concurrent mandatory minimum prison terms. See Azor v. State, 192 So. 3d 1255, 1255 (Fla. 4th DCA 2016). Affirmed in part, reversed and remanded in part. Ciklin and Levine, JJ., concur.…
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Grant v. State, 125 So. 3d 879 (Fla. 4th DCA 2013)
- Williams v. State, 125 So. 3d 879 (Fla. 4th DCA 2013)