Tate v. State
Cases that cite this one
3 later published cases cite this decision.
- Aaron Beal Wanless v. State of Florida (Fla. Dist. Ct. App. 2019)
- Burns v. State (Fla. Dist. Ct. App. 2017)
- Fleming v. State (Fla. Dist. Ct. App. 2017)
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
Appellant, Cedric Tate, challenges his judgment and two consecutive mandatory minimum sentences for one count of second degree murder and one count of a convicted felon in possession of a firearm, arising from a single criminal episode. We affirm the conviction without comment, but reverse the sentences pursuant to
At Appellant’s sentencing hearing the trial court imposed mandatory minimum sentences under the 10-20-Life statute, as required under then-controlling decisions. However, the Florida’Supreme Court in Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously are permissible but not mandatory. Thus, because the trial court believed it could not exercise discretion in imposing consecutive mandatory minimum terms, we reverse Appellant’s sentences and remand for re-sentencing.
AFFIRMED in part; REVERSED and REMANDED in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.