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Staten v. State

District Court of Appeal of Florida, Second District
Jun 19, 1992
600 So. 2d 1269 (Fla. Dist. Ct. App. 1992)

Summary

holding that even though there were two victims, a single criminal episode occurred because there was not an interruption in time and place

Summary of this case from Sanchez v. State

Opinion

No. 89-02158.

June 19, 1992.

Appeal from the Circuit Court, Hillsborough County, M. William Graybill, J.

James Marion Moorman, Public Defender, Bartow, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.


Craig Staten appeals his judgment and sentences for two counts of robbery with a firearm. After a jury found Staten guilty, the trial court sentenced him as a habitual violent felony offender to two consecutive life sentences with two minimum mandatory terms of fifteen years. The trial court also imposed two consecutive three-year minimum mandatory terms in accordance with the firearm statute. We affirm the convictions and the consecutive life sentences, but we reverse the consecutive minimum mandatory terms and remand to the trial court with directions to correct the sentencing errors.

First, we conclude that the trial court erred in imposing under the habitual violent felony offender statute two consecutive fifteen-year minimum mandatory sentences for the armed robbery of two victims during a single criminal episode. One fifteen-year minimum mandatory sentence must run concurrently with the second. See Daniels v. State, 595 So.2d 952 (Fla. 1992); Brown v. State, 599 So.2d 132 (Fla. 2d DCA 1992).

§ 775.084(4)(b)1., Fla. Stat. (1989).

Second, we conclude that even though there were two victims involved, it was error for the trial court to impose consecutive minimum mandatory terms for the use of a firearm during a single criminal episode which occurred without interruption in time and location. Under these circumstances, the three-year minimum mandatory sentences must run concurrently. See Palmer v. State, 438 So.2d 1 (Fla. 1983); Gloster v. State, 568 So.2d 1318 (Fla. 2d DCA 1990).

We affirm the convictions. We reverse the sentences in part and remand this cause to the trial court with directions to correct the sentences to reflect that the minimum mandatory sentences run concurrently.

THREADGILL, A.C.J., and PARKER and BLUE, JJ., concur.


Summaries of

Staten v. State

District Court of Appeal of Florida, Second District
Jun 19, 1992
600 So. 2d 1269 (Fla. Dist. Ct. App. 1992)

holding that even though there were two victims, a single criminal episode occurred because there was not an interruption in time and place

Summary of this case from Sanchez v. State
Case details for

Staten v. State

Case Details

Full title:CRAIG LAMAR STATEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 19, 1992

Citations

600 So. 2d 1269 (Fla. Dist. Ct. App. 1992)

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