Billups v. State, 4D14–3130

CourtCourt of Appeal of Florida (US)
Writing for the CourtPer Curiam.
Citation219 So.3d 900 (Mem)
Parties Wylie BILLUPS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 4D14–3130,4D14–3130
Decision Date21 June 2017

219 So.3d 900 (Mem)

Wylie BILLUPS, Appellant,
STATE of Florida, Appellee.

No. 4D14–3130

District Court of Appeal of Florida, Fourth District.

[June 21, 2017]

Wylie Billups, Okeechobee, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


Per Curiam.

This court previously affirmed the denial of appellant's rule 3.800(a) motion with a citation to Walton v. State , 106 So.3d 522 (Fla. 1st DCA 2013), rev. granted 123 So.3d 1148 (Fla. 2013). In part, his motion challenged the imposition of consecutive mandatory minimum sentences under section 775.087(2)(d), Florida Statutes (2008), the 10–20–Life statute. The Florida Supreme Court has quashed our decision and remanded for reconsideration in light of its decisions in Walton v. State , 208 So.3d 60 (Fla. 2016), and Williams v. State , 186 So.3d 989 (Fla. 2016). Because appellant's offenses arose from the same criminal episode and did not involve discharge of a firearm, consecutive mandatory minimum sentences were not permitted. Accordingly, we reverse and remand for resentencing consistent with the Florida Supreme Court decisions. The denial of appellant's remaining claims is affirmed.

Reversed and remanded.

Ciklin, C.j., Damoorgian and Klingensmith, JJ., concur.

To continue reading

Request your trial
1 cases
  • Billups v. State, 4D17–3623
    • United States
    • Court of Appeal of Florida (US)
    • June 27, 2018
    ...minimum provisions. Count III was imposed concurrently to Count I.These sentences were the subject of our decision in Billups v. State , 219 So.3d 900 (Fla. 4th DCA 2017). Based on the Supreme Court's decision in Williams v. State , 186 So.3d 989 (Fla. 2016)1 , we held that the imposition o......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT