Buffkin v. State

• Decision Date: 06 February 1996
• Docket Number: No. 94-3840,94-3840
• Citation: 667 So.2d 489
• Parties: 21 Fla. L. Weekly D356 Curtis D. BUFFKIN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 489

667 So.2d 489

21 Fla. L. Weekly D356

Curtis D. BUFFKIN, Appellant, v. STATE of Florida, Appellee.

No. 94-3840.

District Court of Appeal of Florida,

First District.

Feb. 6, 1996.

An appeal from the Circuit Court for Escambia County; John P. Kuder, Judge.

Kevin T. Beck, Pensacola, for Appellant.

Robert A. Butterworth, Attorney General, Douglas Gurnic, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant's sentences for Counts II through VI, involving armed burglary, armed robbery and armed sexual batteries, are affirmed. Appellant's sentence for Count I, relating to first degree premeditated or felony murder, is reversed to the extent that it includes a three-year minimum mandatory sentence for use of a firearm, imposed pursuant to section 775.087(2), Florida Statutes (1993), which was to be served consecutively to the 25-year minimum mandatory sentence imposed for the capital felony pursuant to section 775.082(1), Florida Statutes (Supp.1994). See Downs v. State, 616 So.2d 444 (Fla.1993); Gaiter v. State, 652 So.2d 848 (Fla. 3d DCA), review denied, 664 So.2d 248 (Fla.1995); Clarington v. State, 636 So.2d 860 (Fla. 3d DCA), review denied, 648 So.2d 721 (Fla.1994). Appellant's sentence as to Count I is otherwise affirmed.

AFFIRMED in part, REVERSED in part and REMANDED for resentencing in accordance with this decision.

ERVIN, MINER and MICKLE, JJ., concur.