Florida District Courts of Appeal, 1988

Aguilera v. State

Aguilera v. State
Florida District Courts of Appeal · Decided March 8, 1988 · Baskin, Ferguson, Hendry
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

PER CURIAM.

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.

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