ROGERS
v.
STATE
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The First District Court of Appeal of Florida held that consecutive mandatory minimum sentences for multiple firearm offenses are impermissible if the offenses arose from the same criminal episode and the firearm was not discharged. The court reversed the sentence on one count and remanded for concurrent sentencing.
No, the trial court erred in imposing consecutive mandatory minimum sentences under these circumstances. Consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.
[1] Consecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a f…
[2] A trial court errs in imposing consecutive mandatory minimum sentences when the jury finds multiple firearm offenses were committed without discharging the firearm during…
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Join FLexlaw to unlock all legal intelligence“Because the jury found that the appellant committed multiple firearm offenses without discharging the firearm during a single criminal episode, the trial court erred in imposing consecutive mandatory minimum sentences.”
Establishes the core reason for the appellate court's decision.
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Join FLexlaw to unlock all legal intelligenceThe appellant was found by a jury to have committed multiple firearm offenses. The trial court imposed consecutive mandatory minimum sentences for the…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
KEITH DEMOND ROGERS, Appellant,
V.
STATE OF FLORIDA, Appellee. No. 1D17-3522
On appeal from the Circuit Court for Escambia County.
J. Scott Duncan, Judge.
April 16, 2019
PER CURIAM.
Because the jury found that the appellant committed multiple firearm offenses without discharging the firearm during a single criminal episode, the trial court erred in imposing consecutive mandatory minimum sentences. See Walton v. State, 208 So. 3d 60, 64 (Fla. 2016) (quoting Williams v. State, 186 So. 3d 989, 993 (Fla. 2016) (“[C]onsecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.")). Accordingly, we reverse the appellant's sentence on count V and remand the case to the trial court for it to order the appellant's sentence on count V to run concurrently to the sentences for counts IV and VI. We
reject the appellant's separate argument that he was entitled to a judgment of acquittal.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
ROBERTS, RAY, and WINSOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Leronnie Lee Walton v. State, 208 So. 3d 60 (Fla. 2016)