Florida District Courts of Appeal, 1995

Timonere v. State

Florida District Courts of Appeal · Decided December 20, 1995 · Frank, Fulmer, Threadgill

666 So. 2d 197; 1995 Fla. App. LEXIS 13226; 1995 WL 750665 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Fannin v. State (Fla. Dist. Ct. App. 2000)

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Opinion of the Court

FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resen-tencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J., and FULMER, J., concur.

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