PHILLIP DEWAYNE BURNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Phillip Burns challenges his judgment of conviction and sentences for attempted second degree murder and possession of a firearm by a convicted felon. We affirm the convictions without comment, but vacate his sentences because the trial court believed, given our prior precedent, that the sentences imposed pursuant to section 775.087(2), Florida Statutes, had to be consecutive sentences. 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 criminal episode).
The judgment of conviction is AFFIRMED, but the sentences are VACATED and the cause is REMANDED for resentencing; we certify conflict with Torres-Rios.
B.L. THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR.
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Rohbanni Wilson v. State, 219 So. 3d 931 (Fla. 1st DCA 2017)…lieved, based on our prior precedent, that it could not exercise discretion in imposing consecutive mandatory minimum terms pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life statute). Consistent 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. AFF…
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Detarsha Castro Bradley v. State, 223 So. 3d 421 (Fla. 1st DCA 2017)…t only shot at one victim but was convicted of multiple firearm offenses arising out of the same criminal episode. However, in Burns v. State, this court read Williams to permit the trial court to impose consecutive sentences in these circumstances. 212 So. 3d 546, 546 (Fla. 1st DCA 2017) (“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 also Wilson v. State, 219 So. 3d 931, 2017…
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Alva W. Fleming v. State, 219 So. 3d 1038 (Fla. 1st DCA 2017)…ndatory 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 sentences, we REVERSE and REMAND the cause to the trial cour…
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- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016)
- Tate v. State, 194 So. 3d 564 (Fla. 1st DCA 2016)