DYWAIN A. FREDERICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed robbery and aggravated battery convictions but reversed consecutive mandatory minimum sentences, holding that two three-year mandatory minimums arising from one transaction with one victim must run concurrently, not consecutively.
Two consecutive three-year mandatory minimum sentences imposed for robbery with a firearm and aggravated battery with a firearm arising from the same transaction and involving the same victim must be imposed concurrently rather than consecutively.
[1] Mandatory minimum sentences imposed under Florida Statutes section 775.087(2)(a)(1) for multiple offenses arising from one transaction involving one victim must be impose…
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Join FLexlaw to unlock all legal intelligenceFrederick entered a plea of nolo contendere to robbery with a firearm and aggravated battery with a firearm. Both charges arose from the same incident…
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THOMPSON, Judge.
Dywain A. Frederick appeals two consecutive minimum mandatory three-year sentences imposed after he entered a plea of nolo contendere. Frederick entered pleas to robbery with a firearm1 and aggravated battery with a firearm.2 Both charges arose out of the same incident and involved the same victim. The two crimes 'occurred within three minutes of each other. We affirm the convictions, but we reverse his sentences.
The minimum mandatory sentences were imposed pursuant to section 775.087(2)(a)(1), Florida Statutes (1991). Since these two mandatory sentences arose out of one transaction and involve one victim, the three year mandatory minimum sentences may be imposed concurrently, but not consecutively. Daniels v. State, 595 So. 2d 952 (Fla.1992); Langley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). Cf. Jacobs v. State, 600 So. 2d 1199, 1200 (Fla. 5th DCA 1992) (consecutive minimum mandatory sentences are appropriate where the crime involved two separate victims and two separate and distinct offenses); Kelly v. State, 552 So. 2d 206, 208 (Fla. 5th DCA 1989), review denied, 563 So. 2d 632 (Fla.1990) (individual acts separated by time and by physical locations even though the victims were the same was sufficient to impose consecutive minimum mandatory sentences). It was error to sentence Frederick to serve two consecutive minimum mandatory sentences.
Convictions AFFIRMED; Sentences REVERSED and REMANDED for resentencing.
PETERSON and DIAMANTIS, JJ., concur. . § 812.13(2)(a), Fla.Stat. (1991).
. § 784.045(l)(a)2, Fla.Stat. (1991).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)
- Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)
- Jones v. State, 614 So. 2d 34 (Fla. 2d DCA 1993)
- Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993)
- Jacobs v. State, 600 So. 2d 1199 (Fla. 5th DCA 1992)