Goens v. State

District Court of Appeal of Florida

Goens v. State

453 So. 2d 97, 1984 Fla. App. LEXIS 13724

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1984

DocketNos. AS-412, AU-44

StatusPublished

Cited by1 cases

This text of 453 So. 2d 97 (Goens 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.

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Goens v. State, 453 So. 2d 97, 1984 Fla. App. LEXIS 13724 (Fla. Ct. App. 1984).

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THOMPSON, Judge.

Goens appeals from judgments of guilt of the crimes of attempted second degree murder and armed burglary. The only issue warranting discussion is whether his three year mandatory minimum sentences for using a firearm in the commission of both crimes should run consecutively. We agree these sentences should not run consecutively.

While Goens was . burglarizing a closed business establishment, the owner, who lived nearby, approached the building on a personal errand. When the owner saw movement inside the building and peered through its front window to see who or what was inside, Goens shot him in the face. Both offenses were committed at the same time and place and occurred during a single criminal transaction or episode. Although § 775.021(4), Fla.Stat., requires separate sentences for separate offenses arising from a single criminal transaction or episode, it does not authorize the “stacking” of consecutive mandatory minimum three year sentences. Palmer v. State, 438 So.2d 1 (Fla.1983).

[98]*98Affirmed in part, reversed in part, and remanded for resentencing.

BARFIELD, J., concurs. NIMMONS, J., specially concurs.

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THOMPSON, Judge.

Goens appeals from judgments of guilt of the crimes of attempted second degree murder and armed burglary. The only issue warranting discussion is whether his three year mandatory minimum sentences for using a firearm in the commission of both crimes should run consecutively. We agree these sentences should not run consecutively.

While Goens was . burglarizing a closed business establishment, the owner, who lived nearby, approached the building on a personal errand. When the owner saw movement inside the building and peered through its front window to see who or what was inside, Goens shot him in the face. Both offenses were committed at the same time and place and occurred during a single criminal transaction or episode. Although § 775.021(4), Fla.Stat., requires separate sentences for separate offenses arising from a single criminal transaction or episode, it does not authorize the “stacking” of consecutive mandatory minimum three year sentences. Palmer v. State, 438 So.2d 1 (Fla.1983).

[98]*98Affirmed in part, reversed in part, and remanded for resentencing.

BARFIELD, J., concurs. NIMMONS, J., specially concurs.

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453 So. 2d 97, 1984 Fla. App. LEXIS 13724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goens-v-state-fladistctapp-1984.

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