LUCIEN WILNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-01-14
No. 93-03562
RYDER, A.C.J., and PARKER, J., concur.
629 So. 2d 1097 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 2 cases
Topics
Drug Trafficking Concurrent Vs. Consecutive Sentences Consecutive Sentences Mandatory Minimum Sentence

Explore caselaw by topic → Browse Drug Trafficking cases and more on FLexlaw

Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

We affirm the trial court’s order denying the defendant’s motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. This decision does not preclude the defendant from filing a petition for habeas corpus to challenge the effectiveness of appellate counsel on direct appeal.

The defendant was convicted of three counts of drug trafficking and one count of conspiracy. Although the guidelines seore-sheet recommended a seven-to twelve-year sentence, the trial court imposed four consecutive fifteen-year minimum mandatory sentences. On direct appeal, the defendant’s appellate counsel did challenge the sentence, but did not argue that it was error to make the minimum mandatory sentences consecutive when the scoresheet would authorize only concurrent sentences. See Zamora v. State, 584 So. 2d 156 (Fla. 2d DCA 1991). This court affirmed on direct appeal.

On the request for postconvietion relief, the trial court correctly ruled that on the face of the record the sentence was not illegal and that any incorrect application of the rules concerning consecutive sentencing could have been raised on direct appeal.

Affirmed.

RYDER, A.C.J., and PARKER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lucien Wilner v. Singletary, 647 So. 2d 187 (Fla. 2d DCA 1994)
    …on and remand this case to the trial court for resentencing. This is the third time that Wilner has asked this court to review his sentences for these drug offenses. This court affirmed per curiam Wilner’s direct appeal in 1991. In Wilner v. State, 629 So. 2d 1097 (Fla. 2d DCA 1994), this court affirmed the trial court’s order denying Wilner’s motion for post-conviction relief without prejudice for Wilner to file a petition for writ of habeas corpus to challenge the effectiveness of appellate counsel on direc…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw