Joshua Dukes v. State of Florida
Joshua Dukes v. State of Florida
Opinion
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSHUA DUKES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-4032 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 11, 2017.
An appeal from the Circuit Court for Duval County.
Jack M. Schemer, Judge.
Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Kathryn Lane, Assistant Attorney General, Tallahassee, for Appellee.
ON MOTION FOR REHEARING AND WRITTEN OPINION PER CURIUM.
On consideration of the motion for rehearing and written opinion, this Court grants, in part, the motion. We grant the motion solely with respect to Appellant’s request for remand regarding resentencing. The record indicates the trial court may have felt constrained to impose the mandatory minimum sentences consecutively.
Pursuant to Williams v. State, 186 So. 3d 989, 993 (Fla. 2016), where “multiple firearm offenses are committed contemporaneously, during which multiple victims are shot at, then consecutive sentencing is permissible but not mandatory.” (Emphasis added.) Accordingly, on remand the trial court is permitted to impose the same sentence but is not required to do so. AFFIRMED in part, REVERSED in part, and REMANDED.
B.L. THOMAS, C.J., WETHERELL, and M.K. THOMAS, JJ., CONCUR.
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