JOAQUIN TORRES-RIOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant, Joaquin Torres-Rios, appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. We affirm the denial of Appellant’s first and third claims. We reverse with regard to Appellant’s second claim in which he argued that he was illegally sentenced to consecutive minimum mandatory sentences where there was only a single discharge of the firearm and only one person was shot during a single criminal episode, and we instruct the postconviction court to enter an amended order providing for concurrent sentences instead. See Williams v. State, 186 So.3d 989, 993 (Fla. 2016); Cook v. State, 775 So.2d 425, 426 (Fla. 5th DCA 2001).
*884AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
ORFINGER, LAMBERT, and EDWARDS, JJ., concur.
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Cited By (13 total)
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Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017)…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 criminal episode). The judgment of conviction is AFFIRMED, but the…
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Miller v. State, 265 So. 3d 457 (Fla. 2018)…the First District Court of Appeal in Miller v. State , 224 So. 3d 851 (Fla. 1st DCA 2017). The district court certified that its decision is in direct conflict with [*458] the decision of the Fifth District Court of Appeal in Torres-Rios v. State , 205 So. 3d 883 (Fla. 5th DCA 2016). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. FACTS Miller was convicted for the kidnapping with a firearm and aggravated battery of Steven Cooley as well as of possession of a firearm by a convicted felon. At sente…
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Rohbanni Wilson v. State, 219 So. 3d 931 (Fla. 1st DCA 2017)…onsistent with our decision in Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017), we remand for reconsideration of the sentences in light-of Williams v. State, 186 So. 3d 989 (Fla. 2016). In so ruling, we certify conflict with Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016), as we did in Burns. AFFIRMED in part, REVERSED in part, and REMANDED. RAY, KELSEY, and WINOKUR, JJ., CONCUR.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Darryle T. Cook v. State, 775 So. 2d 425 (Fla. 5th DCA 2001)