Valdes-Fiallo v. State

District Court of Appeal of Florida

Valdes-Fiallo v. State

761 So. 2d 1238, 2000 Fla. App. LEXIS 8741, 2000 WL 952781

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 2000

DocketNo. 2D97-1474

StatusPublished

This text of 761 So. 2d 1238 (Valdes-Fiallo 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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Valdes-Fiallo v. State, 761 So. 2d 1238, 2000 Fla. App. LEXIS 8741, 2000 WL 952781 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Appellant challenges his judgment and sentences for shooting at, within, or into a building, aggravated assault with a firearm, and carrying a concealed firearm. A review of the record reveals no reversible error as to his convictions, but there is possible error in regard to appellant’s sentences.

The above offenses occurred on August 21, 1996, and appellant was sentenced pursuant to the 1995 sentencing guidelines. Thus, we remand this case to the trial court to reconsider the sentences imposed. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000). On remand, the trial court is directed to impose the three-year minimum mandatory term required under section 775.087(2), Florida Statutes (1995), for the aggravated assault with a firearm conviction since failure to do so constitutes fundamental error. See § 775.087(2), Fla. Stat. (1995); State v. Calzada-Padron, 708 So.2d 287 (Fla. 2d DCA 1996).

[1239]*1239Affirmed; remanded for reconsideration.

CAMPBELL, A.C.J., and GREEN and STRINGER, JJ., Concur.

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PER CURIAM.

Appellant challenges his judgment and sentences for shooting at, within, or into a building, aggravated assault with a firearm, and carrying a concealed firearm. A review of the record reveals no reversible error as to his convictions, but there is possible error in regard to appellant’s sentences.

The above offenses occurred on August 21, 1996, and appellant was sentenced pursuant to the 1995 sentencing guidelines. Thus, we remand this case to the trial court to reconsider the sentences imposed. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000). On remand, the trial court is directed to impose the three-year minimum mandatory term required under section 775.087(2), Florida Statutes (1995), for the aggravated assault with a firearm conviction since failure to do so constitutes fundamental error. See § 775.087(2), Fla. Stat. (1995); State v. Calzada-Padron, 708 So.2d 287 (Fla. 2d DCA 1996).

[1239]*1239Affirmed; remanded for reconsideration.

CAMPBELL, A.C.J., and GREEN and STRINGER, JJ., Concur.

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761 So. 2d 1238, 2000 Fla. App. LEXIS 8741, 2000 WL 952781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valdes-fiallo-v-state-fladistctapp-2000.

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