Jones v. State
Jones v. State
Opinion of the Court
Bernard Curtis Jones appeals his convictions and sentences for two counts of armed
We find that the trial court’s denial of the motion for continuance did not constitute a palpable abuse of discretion, Smith v. State, 525 So.2d 477 (Fla. 1st DCA 1988). However, on the authority of the recent decision of the Florida Supreme Court in Jackson v. State, 659 So.2d 1060 (Fla. 1995), we hold that the trial court erred in imposing a consecutive three-year minimum mandatory sentence for the use of a firearm together with a 15-year habitual violent felony offender sentence for offenses that arose out of a single criminal episode. See also, Davis v. State, 630 So.2d 595 (Fla. 2d DCA 1993), and Longley v. State, 614 So.2d 34 (Fla. 5th DCA 1993).
Accordingly, we AFFIRM the convictions, but VACATE the sentence and REMAND for resentencing consistent with this opinion. Appellant does not have to be present for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.