Florida District Courts of Appeal, 1994

Jones v. State

Florida District Courts of Appeal · Decided September 22, 1994 · Kahn, Mickle, Nortwick

642 So. 2d 671; 1994 Fla. App. LEXIS 9045; 1994 WL 513532 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jones v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant Leroy Jones challenges the stacking of four consecutive three-year mandatory minimum sentences on four convictions for aggravated assault with a firearm. He contends that the court, pursuant to Palmer v. State, 438 So.2d 1 (Fla. 1983), and its progeny, cannot impose consecutive mandatory minimum sentences under section 775.087(2), Florida Statutes, for use of a fire*672arm for offenses arising out of a continuous temporal sequence at the same location. Case law compels reversal of appellant’s four consecutive three-year mandatory minimum sentences. We remand with directions to the trial court tó impose concurrent sentences. Palmer; Bass v. State, 530 So.2d 282 (Fla. 1988); Daniels v. State, 466 So.2d 1262 (Fla. 1985); State v. Ames, 467 So.2d 994 (Fla. 1985); Wilson v. State, 467 So.2d 996 (Fla. 1985); Young v. State, 631 So.2d 372 (Fla. 2d DCA 1994); Weatherspoon v. State, 624 So.2d 405 (Fla. 2d DCA 1993); Ferrell v. State, 610 So.2d 654 (Fla. 1st DCA 1992); Gloster v. State, 568 So.2d 1318 (Fla. 2d DCA 1990); Gardner v. State, 515 So.2d 408 (Fla. 1st DCA 1987). Appellant need not be present at resentencing.

REVERSED and REMANDED with directions.

KAHN, MICKLE and VAN NORTWICK, JJ., concur.

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