Easley v. State

District Court of Appeal of Florida

Easley v. State

689 So. 2d 1167, 1997 Fla. App. LEXIS 1821, 1997 WL 91278

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNo. 94-04587

StatusPublished

This text of 689 So. 2d 1167 (Easley 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

Easley v. State, 689 So. 2d 1167, 1997 Fla. App. LEXIS 1821, 1997 WL 91278 (Fla. Ct. App. 1997).

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Opinion

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.

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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.

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Bluebook (online)

689 So. 2d 1167, 1997 Fla. App. LEXIS 1821, 1997 WL 91278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easley-v-state-fladistctapp-1997.

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