MOISES PIOQUINTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-06-09
No. 93-03414
DANAHY, A.C.J., and PATTERSON, J., concur.
656 So. 2d 552 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 5 cases
Topics
Control Release Manslaughter Aggravated Battery Sentencing Guidelines

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Opinion of the Court
BLUE, Judge.

BLUE, Judge.

Moisés Pioquinto appeals his convictions and sentences for manslaughter and aggravated battery. We affirm the convictions. However, we agree with Pioquinto that his sentences are improper and, therefore, reverse and remand for resentencing.

Pioquinto was sentenced within the guidelines as follows: count one — manslaughter— fourteen years in prison; count two — aggravated battery — three years minimum mandatory prison sentence, consecutive to count one. It was error for the sentences to be structured so that Pioquinto serves the mandatory sentence at the end of his total prison term. This situation deprives Pioquinto of the possible benefit of control release on the nonmandatory portion of his sentence. See Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). Therefore, we reverse the sentences. On remand, the sentences shall be reimposed so that the minimum mandatory sentence is served first.

Affirmed in part, reversed in part and remanded for resentencing.

DANAHY, A.C.J., and PATTERSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hollice Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995)
    …almer v. State, 438 So. 2d 1 (Fla.1983), and with the habitual offender ag. assault min-mans. Jackson v. State, 659 So. 2d 1060 (Fla. 1995).2 4. Finally, the habitual offender sentences must be ordered to be served first. [*350] Pioquinto v. State, 656 So. 2d 552 (Fla. 2d DCA 1995). To summarize, Lafleur shall be resen-tenced to two concurrent ten-year habitual offender sentences for aggravated assault— subject to two concurrent five-year min-man and five concurrent three-year min-man provisions; that is, p…
  • Daniels v. State, 664 So. 2d 366 (Fla. 3d DCA 1996)
    …h no minimum mandatory portion. The state concedes that the sentence with the minimum mandatory provision should have been ordered to be served first in accordance with Palmer v. State, 571 So. 2d 567 (Fla. 3d DCA 1990). See also Pioquinto v. State, 656 So. 2d 552 (Fla. 2d DCA 1995); Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). Therefore, we reverse and remand with directions to resentenee the defendant so that the mandatory sentence is served first. Reversed and remanded with directions.…
  • Mattox v. State (Fla. 1st DCA 2019)

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