MELISSA SUE EASLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-03-05
No. 94-04587
DANAHY, A.C.J., and WHATLEY, J., concur.
689 So. 2d 1167 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 2 cases
Topics
Enhancement Statute Consecutive Mandatory Minimum Sentences Attempted First Degree Murder Consecutive Sentences

Explore caselaw by topic → Browse Enhancement Statute cases and more on FLexlaw

Opinion of the Court
FRANK, Judge.

FRANK, Judge.

Melissa Sue Easley has appealed from her convictions and sentences for first degree murder and attempted first degree murder. Her attack on her conviction has no merit. The court did err, however, in imposing consecutive minimum mandatory sentences. A minimum mandatory sentence contained in an enhancement statute such as section 775.087(2), Florida Statutes (1995), for use of a firearm, cannot be imposed consecutively to the statutorily required twenty-five-year minimum mandatory for the first degree murder conviction. Boler v. State, 678 So. 2d 319 (Fla.1996). On remand, then, the court , must correct the sentences to reflect that the minimiun mandatory portions of the sentences are concurrent.

Affirmed in part; reversed in part; and remanded.

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Farley v. Farley, 790 So. 2d 574 (Fla. 4th DCA 2001)
    …judgment, directly affecting the title to realty in another state, and was to that extent therefore entered without jurisdiction.” Id. at 225. We can discern no basis for failing to apply the Sammons reasoning here.1 See also Wentworthe v. Cusumano, 689 So. 2d 1167 (Fla. 4th DCA 1997)(citing Sammons and agreeing that the New York court did not have jurisdiction to order the sale of the Florida property). POLEN, C.J., STONE and WARNER, JJ., concur. . We note that, as to the receiver/sale issue, the Ohio decre…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw