CEDRICK BERNARD DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly denied a motion for postconviction relief without attaching record portions or holding an evidentiary hearing.
Petitioner sought postconviction relief, alleging improper imposition of consecutive mandatory minimum sentences for offenses arising from a single cr…
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[*1263] PER CURIAM.
Petitioner appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.
In his motion petitioner alleges that the trial court improperly imposed three consecutive three-year minimum mandatory sentences for his convictions for armed robbery, sexual battery and unauthorized use of a motor vehicle. He contends that the use of the weapon involved in all three offenses arose out of one criminal episode.
The trial court summarily denied petitioner’s motion without attaching portions of the record which conclusively show that petitioner is not entitled to relief. However, petitioner’s allegations, if true, may entitle him to relief. See Palmer v. State, 438 So. 2d 1 (Fla.1983); Suarez v. State, 464 So. 2d 259 (Fla. 2d DCA 1985). Accordingly, we reverse and remand for the trial court to either attach those portions of the record which establish that petitioner is entitled to no relief or hold an evidentiary hearing and rule on the allegations presented in the motion. See Halpin v. State, 428 So. 2d 703 (Fla. 2d DCA 1983); Fla.R.Crim.P. 3.850.
Reversed and remanded for proceedings consistent herewith.
RYDER, C.J., and DANAHY and LE-HAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Young v. State, 638 So. 2d 532 (Fla. 2d DCA 1994)…to a single forceful taking, which should subject him to only one minimum mandatory sentence. In support of his position, he cited the cases of Palmer v. State, 438 So. 2d 1 (Fla.1983), Bass v. State, 530 So. 2d 282 (Fla.1988), and Daniels v. State, 466 So. 2d 1262 (1985). The cases which Young cited support his position; that is, the imposition of consecutive minimum mandatory sentences is illegal if the evidence supports the allegation that these crimes did occur in a single criminal episode. Further, altho…
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Jones v. State, 642 So. 2d 671 (Fla. 1st DCA 1994)…tion. Case law compels reversal of appellant’s four consecutive three-year mandatory minimum sentences. We remand with directions to the trial court tó impose concurrent sentences. Palmer; Bass v. State, 530 So. 2d 282 (Fla. 1988); Daniels v. State, 466 So. 2d 1262 (Fla. 1985); State v. Ames, 467 So. 2d 994 (Fla. 1985); Wilson v. State, 467 So. 2d 996 (Fla. 1985); Young v. State, 631 So. 2d 372 (Fla. 2d DCA 1994); Weatherspoon v. State, 624 So. 2d 405 (Fla. 2d DCA 1993); Ferrell v. State, 610 So. 2d 654 (Fla.…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- Halpin v. State, 428 So. 2d 703 (Fla. 2d DCA 1983)
- Broward Cnty. v. Mayo, 464 So. 2d 259 (Fla. 4th DCA 1985)
- Miller v. State, 464 So. 2d 259 (Fla. 4th DCA 1985)