Frederick v. State
Frederick v. State
Opinion of the Court
Dywain A. Frederick appeals two consecutive minimum mandatory three-year sentences imposed after he entered a plea of nolo contendere. Frederick entered pleas to robbery with a firearm
The minimum mandatory sentences were imposed pursuant to section 775.087(2)(a)(1), Florida Statutes (1991). Since these two mandatory sentences arose out of one transaction and involve one victim, the three year mandatory minimum sentences may be imposed concurrently, but not consecutively. Daniels v. State, 595 So.2d 952 (Fla. 1992); Langley v. State, 614 So.2d 34 (Fla. 5th DCA 1993). Cf. Jacobs v. State, 600 So.2d 1199, 1200 (Fla. 5th DCA 1992) (consecutive minimum mandatory sentences are appropriate where the crime involved two separate victims and two separate and distinct offenses); Kelly v. State, 552 So.2d 206, 208 (Fla. 5th
Convictions AFFIRMED; Sentences REVERSED and REMANDED for resentenc-ing.
. § 812.13(2)(a), Fla.Stat. (1991).
. § 784.045(l)(a)2, Fla.Stat. (1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.