Newman v. State
Newman v. State
Opinion of the Court
Newman appeals multiple convictions and the sentences thereon. With one exception, we affirm the convictions. Certain aspects of the sentences are vacated.
Newman was charged with, and convicted of, the following offenses: Count I, burglary of a dwelling (assaulting a person therein with a firearm); Count II, robbery of Christopher Economides with a firearm; Count III, aggravated assault of Desbina Primanes with a firearm as a lesser included offense of robbery; Count IV, kidnapping of Christopher Economides with a firearm; Count V, kidnapping of Tina Econom-ides with a firearm; Count VI, kidnapping of George Economides with a firearm; Count VII, aggravated assault of Desbina Primanes with a firearm as a lesser included offense of kidnapping; and Count X, carrying a concealed firearm.
We agree with Newman’s contention that it was error to convict and sentence him twice for aggravated assault.
Newman was sentenced to consecutive three-year mandatory minimum sentences on Counts I, II, IV, V and VI. All of those offenses arose from a single criminal episode. In such a case, consecutive mandatory minimum sentences are prohibited. Palmer v. State, 438 So.2d 1 (Fla. 1983). Therefore, the consecutive mandatory minimum sentences are vacated.
Affirmed in part, vacated in part.
. We find the contention directed toward Newman’s other convictions to be without merit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.