TASHEEM T. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tasheem Davis appeals his convictions for robbery with a firearm and burglary of an occupied conveyance while armed. The trial court imposed consecutive mandatory minimum sentences under the 10-20-Life statute, but the Florida Supreme Court subsequently held that mandatory minimums must be imposed concurrently when a firearm is merely possessed but not discharged during a single criminal episode.
The trial court must impose mandatory minimum sentences concurrently rather than consecutively when multiple firearm offenses arise from the same criminal episode and the firearm is merely possessed but not discharged, following the Florida Supreme Court's reversal of the Fourth District's prior holding in Williams v. State.
[1] Mandatory minimum sentences for multiple firearm offenses arising from the same criminal episode are impermissible if a firearm was merely possessed but not discharged.
[2] A trial court must impose mandatory minimum sentences concurrently when multiple firearm offenses stem from the same criminal episode and the firearm was not discharged.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from fhe same criminal episode and a firearm was merely possessed but not discharged.”
Statement of the Florida Supreme Court's holding that overturned the Fourth District's prior interpretation of the 10-20-Life statute.
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Join FLexlaw to unlock all legal intelligenceTasheem Davis committed robbery with a firearm and burglary of an occupied conveyance while armed with a firearm during a single criminal episode. Dav…
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Tasheem Davis appeals his conviction and sentence for one count of robbery with a firearm and one count of burglary of an occupied conveyance while armed with a firearm. Both offenses stemmed from a single criminal episode during which Appellant possessed, but did not discharge, a firearm. Appellant was sentenced to fifteen years with a ten year mandatory minimum for the robbery charge, and five years with a three year mandatory minimum for the burglary charge. The trial court, believing that it was constrained to do so pursuant to our original holding in Williams v. State, 125 So.3d 879 (Fla. 4th DCA 2013), imposed both mandatory minimum sentences consecutively. We affirm Appellant’s convictions without further comment, but for reasons discussed below, remand for imposition of concurrent mandatory minimum prison terms.
“Section 775.087, Florida Statutes, commonly referred to as the 10-20-Life statute, provides for mandatory minimum sentences for offenders who possess or use a firearm in some manner during the commission of certain crimes.” Mendenhall v. State, 48 So.3d 740, 746 (Fla. 2010). As to how sentences are to be imposed under the 10-20-Life statute, the statute provides:
It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in *270this subsection 'consecutively to any other term of imprisonment imposed for any other felony offense.
§ 775.087(2)(d), Pla. Stat. (2016) (emphasis added).
In Williams v. State, 125 So.3d 879, 884 (Fla. 4th DCA 2013), we held that based on the language in the above quoted subsection (2)(d), a trial court is required to impose the mandatory minimum sentences for qualifying felonies which occur during the same criminal episode consecutively. During the pendency of this appeal, the Florida Supreme Court quashed our decision in Williams v. State and held that “consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from fhe same criminal episode and a firearm was merely possessed but not discharged.” 18,6 So.3d 989, 993 (Fla. 2016).
In the present case, it is undisputed that Appellant did not discharge a firearm when committing the multiple qualifying offenses. Accordingly, the “trial court must impose the mandatory minimum sentences concurrently under such circumstances.” Williams, 186 So.3d at 993. We accordingly affirm Appellant’s convictions but remand for imposition of concurrent mandatory minimum prison terms. See Azor v. State, 192 So.3d 1255, 1255 (Fla. 4th DCA 2016).
Affirmed in part, reversed and remanded in part.
Ciklin and Levine, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Corey v. Corey, 48 So. 3d 740 (Fla. 2010)
- Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)
- Grant v. State, 125 So. 3d 879 (Fla. 4th DCA 2013)
- Williams v. State, 125 So. 3d 879 (Fla. 4th DCA 2013)
- Azor v. State, 192 So. 3d 1255 (Fla. 4th DCA 2016)
- K.M. v. State, 192 So. 3d 1255 (Fla. 4th DCA 2016)