Timonere v. State

District Court of Appeal of Florida

Timonere v. State

666 So. 2d 197, 1995 Fla. App. LEXIS 13226, 1995 WL 750665

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1995

DocketNo. 95-00122

StatusPublished

Cited by1 cases

This text of 666 So. 2d 197 (Timonere 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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Timonere v. State, 666 So. 2d 197, 1995 Fla. App. LEXIS 13226, 1995 WL 750665 (Fla. Ct. App. 1995).

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Opinion

FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resen-tencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J., and FULMER, J., concur.

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FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resen-tencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J., and FULMER, J., concur.

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666 So. 2d 197, 1995 Fla. App. LEXIS 13226, 1995 WL 750665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timonere-v-state-fladistctapp-1995.

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