Torres-Rios v. State

District Court of Appeal of Florida

Torres-Rios v. State

205 So. 3d 883, 2016 Fla. App. LEXIS 18437

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 2016

DocketCase No. 5D16-2235

StatusPublished

Cited by14 cases

This text of 205 So. 3d 883 (Torres-Rios 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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Torres-Rios v. State, 205 So. 3d 883, 2016 Fla. App. LEXIS 18437 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Appellant, Joaquin Torres-Rios, appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. We affirm the denial of Appellant’s first and third claims. We reverse with regard to Appellant’s second claim in which he argued that he was illegally sentenced to consecutive minimum mandatory sentences where there was only a single discharge of the firearm and only one person was shot during a single criminal episode, and we instruct the postconviction court to enter an amended order providing for concurrent sentences instead. See Williams v. State, 186 So.3d 989, 993 (Fla. 2016); Cook v. State, 775 So.2d 425, 426 (Fla. 5th DCA 2001).

[884]*884AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.

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PER CURIAM.

Appellant, Joaquin Torres-Rios, appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. We affirm the denial of Appellant’s first and third claims. We reverse with regard to Appellant’s second claim in which he argued that he was illegally sentenced to consecutive minimum mandatory sentences where there was only a single discharge of the firearm and only one person was shot during a single criminal episode, and we instruct the postconviction court to enter an amended order providing for concurrent sentences instead. See Williams v. State, 186 So.3d 989, 993 (Fla. 2016); Cook v. State, 775 So.2d 425, 426 (Fla. 5th DCA 2001).

[884]*884AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.

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205 So. 3d 883, 2016 Fla. App. LEXIS 18437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-rios-v-state-fladistctapp-2016.

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