DOMINIQUE MOBLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that mandatory minimum sentences for firearm possession during an assault must be imposed concurrently if the firearm was possessed but not discharged, and the offenses arose from the same criminal episode.
Dominique Mobley was convicted of aggravated assault with a firearm and possessing a firearm as a convicted felon. The jury found he possessed a firea…
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Dominique Mobley was convicted of two counts of aggravated assault with a firearm and one count of possessing a firearm as a convicted felon. The jury determined that Mobley actually possessed a firearm during the assault but did not discharge it. On appeal, Mobley challenges only his sentence.
The trial court imposed consecutive three-year mandatory minimum sentences for each count pursuant to section 775.087(2), Florida Statutes. At the time of sentencing, the trial court did not have the benefit of the Florida Supreme Court’s ■recent decision in Williams v. State, 186 So.3d 989 (Fla.2016), which held that a trial court must impose mandatory minimum sentences concurrently “if the offenses arose from the same criminal epi*649sode and a firearm was merely possessed but not discharged.” Id. at 993.* Because Mobley’s sentence is inconsistent with the rule announced in Williams, we reverse and remand for resentencing.
REVERSED AND REMANDED.
B.L. THOMAS, WETHERELL, and WINSOR, JJ., concur.
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Citator
Cited By
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Jakari Okalawon Clark v. State, 208 So. 3d 853 (Fla. 1st DCA 2017)…, 186 So. 3d 989, 993 (Fla. 2016). The two offenses for which Appellant was convicted arose from the same criminal episode, and as noted, the jury specifically found that Appellant possessed, as opposed to discharged, a firearm. See Mobley v. State, 197 So. 3d 648 (Fla. 1st DCA 2016). Accordingly, we AFFIRM the convictions, but we VACATE the sentences and REMAND for resen-tencing. See Gartman v. State, 197 So. 3d 1181 (Fla. 1st DCA 2016). OSTERHAUS and WINOKUR, JJ., CONCUR.…
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Toland Jerome Bonner v. State, 242 So. 3d 501 (Fla. 1st DCA 2018)
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)