IVAN G. WEBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Webb's consecutive mandatory minimum sentences were reversed and remanded for resentencing because the trial court erroneously believed it lacked discretion to impose concurrent sentences, contrary to the Florida Supreme Court's holding in Williams v. State that such sentences are permissive rather than mandatory.
Consecutive mandatory minimum sentences under section 775.087(2)(d) are permissive, not mandatory, and a trial court that believed it lacked discretion to impose concurrent sentences must be given the opportunity to resentence.
[1] Consecutive mandatory minimum sentences imposed under section 775.087(2)(d), Florida Statutes, are permissive rather than mandatory, and a trial court that imposed such s…
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Join FLexlaw to unlock all legal intelligenceIvan Webb was convicted of second-degree murder, possession of a firearm by a convicted felon, and aggravated fleeing or attempting to elude a law enf…
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In these consolidated cases, Ivan Webb was convicted of second-degree murder, possession of a firearm by a convicted *650felon, and aggravated fleeing or attempting to elude a law enforcement officer — all part of the same criminal episode. Pursuant to section 775.087(2)(d), Florida Statutes, the trial court imposed consecutive mandatory minimum sentences based on Webb’s actual possession and discharge of a firearm. On appeal, Webb challenges only his sentences.
The trial court imposed consecutive mandatory minimum sentences for each conviction, concluding that then-binding decisions from this court, including Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013) (en banc), required consecutive sentences. However, during the pendency of this appeal, the Florida Supreme Court decided Williams v. State, 186 So.3d 989, 994 (Fla.2016), holding that consecutive mandatory minimum sentences in this situation are permissive but not mandatory. Accordingly, because the trial court believed it lacked discretion to impose concurrent mandatory minimum sentences, and because Williams now holds .otherwise, we reverse and remand for new sentencing consistent with Williams. See Henderson v. State, 192 So.3d 638 (Fla. 1st DCA 2016) (“[Bjecause the trial court did not have the opportunity to exercise discretion in imposing eonsecutivé mandatory minimum terms, we reverse Appellant’s sentences and remand for resentencing.”).
REVERSED and REMANDED.
B.L. THOMAS, WETHERELL, and WTNSOR, JJ., concur.
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Citator
Cited By
-
Nivaldo Martinez-Castaneda v. State, 225 So. 3d 847 (Fla. 3d DCA 2016)
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
- Eldredge A. Henderson v. State, 192 So. 3d 638 (Fla. 1st DCA 2016)