Opinion
No. 95-96.
November 15, 1995.
Appealed from the Circuit Court, Dade County, Joseph P. Farina, J.
Bennett H. Brummer, Public Defender, and Craig J. Trocino, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before BARKDULL, LEVY and GERSTEN, JJ.
Defendant appeals his conviction for dealing in stolen property on the grounds that the trial court erred in denying his motion for a mistrial. He also appeals his sentence as exceeding the statutory minimum-mandatory for a third degree felony.
We find no merit in the first issue and affirm on the authority of § 59.041, Fla. Stat. (1993); Ferguson v. State, 417 So.2d 639 (Fla. 1982); Traina v. State, 657 So.2d 1227 (Fla. 4th DCA 1995); Palmer v. State, 486 So.2d 22 (Fla. 1st DCA 1986); McCall v. State, 463 So.2d 425 (Fla. 3d DCA 1985).
We do find error in the sentencing. The defendant should have been sentenced only to a five-year minimum-mandatory for each of the third degree felonies. § 775.084 (4)(b)(3), Fla.Stat. (1993). The ten-year minimum-mandatory sentence for second degree felony is correct. Therefore, the matter is returned to the trial court with directions to amend the minimum-mandatory sentences for the third degree felony convictions to five years each, to run concurrently with the ten-year minimum-mandatory for the second degree conviction.
Reversed and remanded with directions.