Campbell v. State, 90-02705

CourtCourt of Appeal of Florida (US)
Writing for the CourtFRANK
Citation588 So.2d 1047
PartiesCary J. CAMPBELL, Appellant, v. STATE of Florida, Appellee. 588 So.2d 1047, 16 Fla. L. Week. D2821
Docket NumberNo. 90-02705,90-02705
Decision Date08 November 1991

Page 1047

588 So.2d 1047
Cary J. CAMPBELL, Appellant,
STATE of Florida, Appellee.
No. 90-02705.
588 So.2d 1047, 16 Fla. L. Week. D2821
District Court of Appeal of Florida,
Second District.
Nov. 8, 1991.

Page 1048

Sharon Bradley of Daley and Miller, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Acting Chief Judge.

Cary J. Campbell has appealed from two aspects of the sentences imposed by the trial court following pleas of guilty to the several counts of six informations. Each conviction arose from separate and distinct criminal events; i.e., the record before us discloses that in the period from July 30, 1989 to August 17, 1989, Campbell committed eleven robberies. Campbell was on community control at the time he committed the robberies. In four of the informations, Campbell was charged with single counts of armed robbery, in another information he was charged with one count of armed robbery and three counts of simple robbery, and in the sixth information he was charged with three counts of simple robbery. Campbell pleaded guilty to all counts contained within the six informations. He was adjudicated guilty on five counts of armed robbery and six counts of simple robbery. The guidelines computation placed him within the recommended range of 17 to 22 years. The trial court imposed six concurrent 15 year sentences for the simple robbery convictions and five concurrent 20 years of imprisonment for the armed robberies, the 15 year term to be served concurrently with the 20 year term. Within the 20 year sentence, however, the trial court imposed five consecutive 3 year mandatory minimum sentences. Campbell does not challenge the sentences arising from the simple robbery convictions. He does, however, dispute the correctness of the consecutive mandatory minimum sentences on the ground that a portion of his armed robbery imprisonment runs concurrently and the mandatory minimum portion is to be served consecutively. He has also attacked the trial court's assessment of 11 points for each of the crimes which he committed while under legal constraint in the form of community control. We disagree with Campbell's contentions deriving from the consecutive mandatory minimum sentences and his reliance upon Drew v. State, 478 So.2d 69 (Fla. 5th DCA 1985), but we reverse the sentences based upon multiplication of the legal constraint factor.

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1 cases
  • Thomas v. State
    • United States
    • Court of Appeal of Florida (US)
    • January 17, 2020 until after the defendant had completed the entire term of imprisonment in his first case was not present. Id.In Campbell v. State , 588 So. 2d 1047 (Fla. 2d DCA 1991), the Second District Court reached a similar result. The defendant was adjudicated guilty of armed robbery in five sepa......

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