Maurice Javon Jackson v. State of Florida

District Court of Appeal of Florida

Maurice Javon Jackson v. State of Florida

263 So. 3d 305

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 2019

Docket13-5687

StatusPublished

This text of 263 So. 3d 305 (Maurice Javon Jackson v. State of Florida) 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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Maurice Javon Jackson v. State of Florida, 263 So. 3d 305 (Fla. Ct. App. 2019).

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Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D13-5687 _____________________________

MAURICE JAVON JACKSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge.

February 11, 2019

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

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.

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D13-5687 _____________________________

MAURICE JAVON JACKSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge.

February 11, 2019

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

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.

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263 So. 3d 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maurice-javon-jackson-v-state-of-florida-fladistctapp-2019.

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