Aguilera v. State
Aguilera v. State
521 So. 2d 319; 13 Fla. L. Weekly 620; 1988 Fla. App. LEXIS 924; 1988 WL 18611
(Southern Reporter, Second Series)
Aguilera v. State
Opinion of the Court
Appellant contends, by this appeal from a ruling denying his Rule 3.850 motion for post conviction relief, that the court erred in sentencing him to three consecutive three-year mandatory minimum sentences for use of a firearm, where all three offenses arose out of a single criminal episode. We agree, and the State concedes, that the stacked mandatory minimum sentences violate the dictates of Palmer v. State, 438 So.2d 1 (Fla. 1983), which has retroactive application, Cisnero v. State, 458 So.2d 377 (Fla. 2d DCA 1984).
The cause is remanded for a correction of sentence so that the minimum mandatory sentences run concurrently.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.