ROBERT T. POTCHEN
v.
STATE
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When multiple firearm offenses arise from the same criminal episode and the firearm was merely possessed but not discharged, consecutive mandatory minimum sentences are impermissible and must run concurrently.
[1] Consecutive mandatory minimum sentences imposed for multiple firearm offenses arising from the same criminal episode must be vacated and run concurrently when the firearm…
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Join FLexlaw to unlock all legal intelligence“consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if offenses arose from same criminal episode and firearm was merely possessed but not discharged”
Citation to Walton v. State establishing the controlling legal standard
Potchen was convicted after jury trial of armed burglary of a structure with a firearm and aggravated assault with a firearm. The trial court imposed …
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PER CURIAM. Robert Potchen was convicted, after a jury trial, of several offenses including armed burglary of a structure with a firearm (count II) and aggravated assault with a firearm (count V). We affirm as to all issues raised on appeal except one. We conclude that the trial court erred in imposing consecutive mandatory minimum sentences on counts II and V. See, e.g., Walton v. State, 208 So. 3d 60, 64 (Fla. 2016) (reiterating that consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if offenses arose from same criminal episode and firearm was merely possessed but not discharged).
On remand, the trial court shall order the mandatory minimum sentences imposed on counts II and V to run concurrently.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
EVANDER, BERGER and EDWARDS, JJ., concur.