Aguilera v. State

District Court of Appeal of Florida

Aguilera v. State

521 So. 2d 319, 13 Fla. L. Weekly 620, 1988 Fla. App. LEXIS 924, 1988 WL 18611

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1988

DocketNo. 88-54

StatusPublished

This text of 521 So. 2d 319 (Aguilera v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aguilera v. State, 521 So. 2d 319, 13 Fla. L. Weekly 620, 1988 Fla. App. LEXIS 924, 1988 WL 18611 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Appellant contends, by this appeal from a ruling denying his Rule 3.850 motion for post conviction relief, that the court erred in sentencing him to three consecutive three-year mandatory minimum sentences for use of a firearm, where all three offenses arose out of a single criminal episode. We agree, and the State concedes, that the stacked mandatory minimum sentences violate the dictates of Palmer v. State, 438 So.2d 1 (Fla.1983), which has retroactive application, Cisnero v. State, 458 So.2d 377 (Fla. 2d DCA 1984).

The cause is remanded for a correction of sentence so that the minimum mandatory sentences run concurrently.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant contends, by this appeal from a ruling denying his Rule 3.850 motion for post conviction relief, that the court erred in sentencing him to three consecutive three-year mandatory minimum sentences for use of a firearm, where all three offenses arose out of a single criminal episode. We agree, and the State concedes, that the stacked mandatory minimum sentences violate the dictates of Palmer v. State, 438 So.2d 1 (Fla.1983), which has retroactive application, Cisnero v. State, 458 So.2d 377 (Fla. 2d DCA 1984).

The cause is remanded for a correction of sentence so that the minimum mandatory sentences run concurrently.

Cite This Page — Counsel Stack

Bluebook (online)

521 So. 2d 319, 13 Fla. L. Weekly 620, 1988 Fla. App. LEXIS 924, 1988 WL 18611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aguilera-v-state-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack