ROGERS
v.
STATE

Fla. 1st DCA | 2019-04-16
No. 1D17-3522
Barkdull, Baskin, Hubbart
14 Fla. L. Weekly 677 Florida District Court of Appeal, First District (2019)
Also reported at: 1989 Fla. App. LEXIS 1309 · 1989 WL 21417 · 267 So. 3d 1104

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Synopsis

The First District Court of Appeal of Florida held that consecutive mandatory minimum sentences for multiple firearm offenses are impermissible if the offenses arose from the same criminal episode and the firearm was not discharged. The court reversed the sentence on one count and remanded for concurrent sentencing.


Holding

No, the trial court erred in imposing consecutive mandatory minimum sentences under these circumstances. Consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.


Headnotes

[1] Consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a f…

[2] A trial court errs in imposing consecutive mandatory minimum sentences when the jury finds multiple firearm offenses were committed without discharging the firearm during…

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Key Quotes

“Because the jury found that the appellant committed multiple firearm offenses without discharging the firearm during a single criminal episode, the trial court erred in imposing consecutive mandatory minimum sentences.”

Establishes the core reason for the appellate court's decision.

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Facts & Procedural History

The appellant was found by a jury to have committed multiple firearm offenses. The trial court imposed consecutive mandatory minimum sentences for the…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

KEITH DEMOND ROGERS, Appellant,

V.

STATE OF FLORIDA, Appellee. No. 1D17-3522

On appeal from the Circuit Court for Escambia County.

J. Scott Duncan, Judge.

April 16, 2019

PER CURIAM.

Because the jury found that the appellant committed multiple firearm offenses without discharging the firearm during a single criminal episode, the trial court erred in imposing consecutive mandatory minimum sentences. See Walton v. State, 208 So. 3d 60, 64 (Fla. 2016) (quoting Williams v. State, 186 So. 3d 989, 993 (Fla. 2016) (“[C]onsecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.")). Accordingly, we reverse the appellant's sentence on count V and remand the case to the trial court for it to order the appellant's sentence on count V to run concurrently to the sentences for counts IV and VI. We

reject the appellant's separate argument that he was entitled to a judgment of acquittal.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

ROBERTS, RAY, and WINSOR, JJ., concur.


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