Ames v. State, AU-379
Decision Date | 21 March 1984 |
Docket Number | No. AU-379,AU-379 |
Citation | 449 So.2d 826 |
Parties | Jeffrey Marshall AMES, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Michael Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., for appellee.
The defendant was convicted of armed burglary, armed robbery and sexual battery. He used a firearm in perpetrating each offense. His sole point on appeal pertains to the trial court's imposition consecutively of the three-year mandatory minimum sentences required under Section 775.087(2), Florida Statutes (1981). 1 The Count II robbery sentence was imposed concurrently with the Count I burglary sentence and the Count III sexual battery sentence was imposed consecutively to the sentences on Counts I and II. The defendant's complaint is not directed to the consecutive imposition of the basic sentences but only to the consecutive imposition of the three-year mandatory minimum terms. We find that we must reverse under the Supreme Court's recent holding in Palmer v. State, 438 So.2d 1 (Fla.1983).
Under Palmer, it is improper to impose consecutively the three-year mandatory minimum sentences unless the "offenses [arose] from separate incidents occurring at separate times and places." 438 So.2d at 4. In Palmer, the defendant walked into a funeral parlor with a firearm during a wake, ordered the mourners to throw their money and valuables on the floor and threatened to kill them unless they complied. They did, and he took the loot and fled. On his convictions of thirteen counts of armed robbery, the trial court imposed consecutive sentences and also imposed consecutive three-year mandatory minimum terms by reason of the use of a firearm pursuant to Section 775.087(2). Although finding no error in the requirement that the basic sentences were to be served consecutively, the Supreme Court reversed the consecutive three-year mandatory minimum sentences.
In the case sub judice, the victim answered a knock at the back door to her one-story Gainesville home. As she unlocked the door, the defendant pushed his way inside the laundry room, knocking her to the floor. He threatened to kill her if she did not quit screaming. He then pulled her off the floor, pushed her into the kitchen and demanded money. In response, she took her purse from the kitchen table, removed $44 from it and handed the same to him. He then started leading the victim through the house searching for more money. She told him that she had no more money but offered to give him her jewelry instead. When they went into her bedroom, she removed some jewelry from a dresser. Instead of taking the jewelry, he made her remove her clothing and raped her. He then left.
Recently, we had occasion to consider a Palmer objection to consecutive mandatory minimum sentences in Wilson v. State, 449 So.2d 822 (Fla. 1st DCA 1984) (on rehearing). There, the defendant abducted the victim in front of her apartment, transported her a short distance in his automobile and then committed sexual battery upon her. Wilson was convicted of kidnapping and sexual battery. On rehearing, we approved the trial court's imposition of consecutive three-year mandatory minimum sentences on the basis that the two offenses arose from separate incidents occurring at separate times and places and, thus, qualified under the exception recognized in Palmer. We are unable to reach a similar result in the case at bar for it cannot reasonably be said that the robbery and sexual battery committed upon the victim at her home "arose from separate incidents occurring...
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Ames v. State, BQ-289
...and sentence and this court vacated two of the three three-year minimum mandatory sentences imposed by the lower court. Ames v. State, 449 So.2d 826 (Fla. 1st DCA 1984). The Florida Supreme Court affirmed. State v. Ames, 467 So.2d 994 (Fla.1985). Ames filed one previous motion for post-conv......
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Ross v. State, 83-2137
...identical question has been certified to the supreme court in Wilson v. State, 449 So.2d 822 (Fla. 1st DCA 1984), and in Ames v. State, 449 So.2d 826 (Fla. 1st DCA 1984). GLICKSTEIN, WALDEN and BARKETT, JJ., ...
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State v. Ames
...This cause is before this Court on petition to review the First District Court of Appeal decision in State v. Ames, reported as 449 So.2d 826 (Fla. 1st DCA 1984), in which that court certified the following question to be of great public Whether the crimes for which the defendant was senten......
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Moore v. State, BD-113
...the mandatory minimum sentence on Count II to run consecutive to the sentence on Count I. Palmer v. State, supra; and Ames v. State, 449 So.2d 826 (Fla. 1st DCA 1984). This cause is reversed and remanded to the trial court for correction of appellant's sentences in accordance with the views......