CEDRIC TATE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2016-06-28
No. 1D15-2357
RAY, MAKAR, JJ., and DAVIS, WILLIAM, Associate Judge, concur..
194 So. 3d 564 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 6 cases
Topics
Williams V. State 10-20-Life Statute Sentencing Discretion Mandatory Minimum Sentence

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Opinion of the Court
PER CURIAM..

PER CURIAM..

Appellant, Cedric Tate, challenges his judgment and two consecutive mandatory minimum sentences for one count of second degree murder and one count of a convicted felon in possession of a firearm, arising from a single criminal episode. We affirm the conviction without comment, but reverse the sentences pursuant to *565 Williams v. State, 186 So.3d 989 (Fla.2016).

At Appellant’s sentencing hearing the trial court imposed mandatory minimum sentences under the 10-20-Life statute, as required under then-controlling decisions. However, the Florida’Supreme Court in Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously are permissible but not mandatory. Thus, because the trial court believed it could not exercise discretion in imposing consecutive mandatory minimum terms, we reverse Appellant’s sentences and remand for re-sentencing.

AFFIRMED in part; REVERSED and REMANDED in part.

RAY, MAKAR, JJ., and DAVIS, WILLIAM, Associate Judge, concur..

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017)
    …ences. As Burns discharged a firearm striking a single victim and as both offenses arose out of a single criminal episode, consecutive sentences were permissible but not required. See Williams v. State, 186 So. 3d 989 (Fla. 2016), and Tate v. State, 194 So. 3d 564 (Fla. 1st DCA 2016); but see Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016) (holding concurrent sentences are required under section 775.087(2) when there was only a single discharge of a firearm and only one person shot during a single cr…
  • Alva W. Fleming v. State, 219 So. 3d 1038 (Fla. 1st DCA 2017)
    …e was only one victim as to the firearm offenses, the mandatory minimum sentences in this case may be served consecutively or concurrently. See Walton v. State, 208 So. 3d 60 (Fla. 2016); Williams v. State, 186 So. 3d 989 (Fla. 2016); Tate v. State, 194 So. 3d 564 (Fla. 1st DCA 2016); and Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017). We again certify conflict with Torre's-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016). As the trial court believed it was required to impose consecutive mandatory sent…
  • Wanless v. State, 271 So. 3d 1219 (Fla. 1st DCA 2019)

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