Todd v. State

District Court of Appeal of Florida

Todd v. State

19 So. 3d 1180, 2009 Fla. App. LEXIS 15785, 2009 WL 3364886

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2009

Docket4D09-940

StatusPublished

Cited by1 cases

This text of 19 So. 3d 1180 (Todd 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

Todd v. State, 19 So. 3d 1180, 2009 Fla. App. LEXIS 15785, 2009 WL 3364886 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to correct illegal sentence as filed pursuant to Florida Rule of Criminal Procedure 3.800(a). As to appellant’s claim that mandatory minimum terms for his offenses could not be stacked, i.e., imposed consecutively, the sentencing transcript reveals, and the state concedes, that the trial court intended to impose only one 25-year mandatory minimum term. The mandatory minimum terms on the other counts are concurrent and not stacked. The total combined sentence was 50 years in prison with a 25-year mandatory minimum term. The Department of Corrections shall structure appellant’s sentence and calculate the release date accordingly.

GROSS, C.J., POLEN and DAMOORGIAN, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of appellant’s motion to correct illegal sentence as filed pursuant to Florida Rule of Criminal Procedure 3.800(a). As to appellant’s claim that mandatory minimum terms for his offenses could not be stacked, i.e., imposed consecutively, the sentencing transcript reveals, and the state concedes, that the trial court intended to impose only one 25-year mandatory minimum term. The mandatory minimum terms on the other counts are concurrent and not stacked. The total combined sentence was 50 years in prison with a 25-year mandatory minimum term. The Department of Corrections shall structure appellant’s sentence and calculate the release date accordingly.

GROSS, C.J., POLEN and DAMOORGIAN, JJ., concur.

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Bluebook (online)

19 So. 3d 1180, 2009 Fla. App. LEXIS 15785, 2009 WL 3364886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todd-v-state-fladistctapp-2009.

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