MAURICE JAVON JACKSON
v.
STATE OF FLORIDA
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The court reconsiders its prior affirmance of appellant's sentences following the Florida Supreme Court's remand in light of Miller v. State. The court determines that consecutive mandatory minimum sentences for multiple firearm offenses were imposed illegally under Miller, which prohibits such consecutive sentences absent multiple victims or multiple injuries. The court quashes the consecutive sentences and remands for resentencing with concurrent mandatory minimums.
Consecutive mandatory minimum sentences for attempted murder in the second degree and possession of a firearm by a convicted felon are impermissible absent multiple victims or multiple injuries to a single victim. The court quashes the consecutive sentences and remands for the trial court to impose the mandatory minimums to run concurrently.
[1] Consecutive mandatory minimum sentences for multiple firearm offenses are prohibited unless the offenses involve multiple victims or multiple injuries inflicted upon a si…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“consecutive mandatory minimum sentences for multiple firearm offenses are impermissible where there are not multiple victims or multiple injuries to a single victim”
The court stated this legal standard derived from Miller v. State and Torres-Rios v. State
Appellant was sentenced to consecutive mandatory minimum sentences for attempted murder in the second degree and possession of a firearm by a convicte…
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We previously affirmed appellant’s sentences based on our decision in Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017). However, the Florida Supreme Court quashed our decision in this case and remanded for reconsideration in light of its decision in Miller v. State, 43 Fla. L. Weekly S426 (Fla. Oct. 4, 2018).
In Miller, 43 Fla. L. Weekly S426, the supreme court held that consecutive mandatory minimum sentences for multiple firearm offenses are impermissible where there are not multiple victims or multiple injuries to a single victim and approved the decision of the Fifth District Court of Appeal in Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016). We, therefore, determine that appellant was illegally sentenced to consecutive mandatory minimum sentences for attempted murder in the second degree and possession of a firearm by a convicted felon.
We quash the consecutive mandatory minimum sentences and instruct the trial court on remand to enter an order imposing the mandatory minimums to run concurrently.
Sentencing QUASHED and REMANDED for resentencing.
WOLF, LEWIS, and ROBERTS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant. Ashley B. Moody, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anderson Lee Nieves Nieves v. State, 257 So. 3d 648 (Fla. 1st DCA 2018)
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Rashawn Renard Jackson v. State, 273 So. 3d 1103 (Fla. 1st DCA 2019)
Authorities Cited
- Torres-Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016)
- Burns v. State, 212 So. 3d 546 (Fla. 1st DCA 2017)
- Anderson Lee Nieves Nieves v. State, 257 So. 3d 648 (Fla. 1st DCA 2018)