ROHBANNI WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rohbanni Wilson challenges his convictions and consecutive sentences for first-degree murder, armed robbery, and possession of a firearm by a convicted felon. We affirm the convictions without-discussion, but vacate his sentences because the trial court believed, 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.
AFFIRMED in part, REVERSED in part, and REMANDED.
RAY, KELSEY, and WINOKUR, JJ., CONCUR.
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Detarsha Castro Bradley v. State, 223 So. 3d 421 (Fla. 1st DCA 2017)…nces. 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 WL 1653435 (Fla. 1st DCA May 2, 2017). Accordingly, based on Williams, we vacate Appellant’s sentence because the trial court believed based on our prior precedent that it was required to impose consecutive. mandatory minimum sentences, and…
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Miller v. State, 224 So. 3d 851 (Fla. 1st DCA 2017)…d possession of a firearm by a convicted felon, but appellant’s crimes involved only one victim who sustained only one physical injury. In line with our precedent outlined in Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017), and Wilson v. State, 219 So. 3d 931 (Fla. 1st DCA 2017), we therefore REVERSE and REMAND appellant’s sentences for the trial court to reconsider whether, in its discretion, it wishes for appellant to serve his minimum mandatory sentences concurrently or consecutively. In so ruling, we…
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Jackson v. State, 224 So. 3d 850 (Fla. 1st DCA 2017)…nd possession of a firearm by a convicted felon, but appellant’s crimes involved only one victim who sustained only one physical injury. In line with our precedent outlined in Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017) and Wilson v. State, 219 So. 3d 931 (Fla. 1st DCA 2017), we therefore REVERSE and REMAND appellant’s sentences for the trial court to reconsider whether, in its discretion, it wishes for appellant to serve his minimum mandatory sentences concurrently or consecutively. In so ruling, we…
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016)
- Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017)