Daniels v. State, 90-746
| Decision Date | 15 April 1991 |
| Docket Number | No. 90-746,90-746 |
| Parties | 16 Fla. L. Weekly 1077 Berlie DANIELS, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Clay County; William Arthur Wilkes, Judge.
Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.
Robert A. Butterworth, Atty. Gen. and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant Daniels asserts that the trial court erred: (1) in imposing three consecutive 15-year minimum mandatory sentences for offenses which arose from the same incident; (2) in denying his motions for judgment of aquittal; and (3) in permitting improper comments in the presence of the jury. We AFFIRM each of the three points raised but certify the following question, on the first point, as one of great public importance:
GIVEN THE LEGISLATIVE INTENT UNDERLYING CHAPTER 88-131, LAWS OF FLORIDA, AND THE COURT'S DECISIONS IN STATE V. ENMUND, 476 SO.2D 165 (FLA.1985), AND STATE V. BOATWRIGHT, 559 SO.2D 210 (FLA.1990), DOES A TRIAL JUDGE HAVE THE DISCRETION, UNDER SECTIONS 775.021(4) AND 775.084, FLORIDA STATUTES (SUPP.1988), TO IMPOSE CONSECUTIVE LIFE TERMS, EACH WITH A FIFTEEN YEAR MINIMUM MANDATORY TERM OF INCARCERATION, FOR FIRST DEGREE FELONIES COMMITTED
BY AN HABITUAL VIOLENT FELONY OFFENDER?
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Brooks v. State, 91-87
...state, and does not form a basis for reversal. See e.g. Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991). Next, in Daniels v. State, 577 So.2d 725 (Fla. 1st DCA 1991), this court ruled that consecutive mandatory minimum sentences under the habitual violent felony offender statute are pe......
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Taylor v. State
...the minimum mandatory sentences imposed upon habitual violent felony offenders cannot be stacked in this manner. In Daniels v. State, 577 So.2d 725 (Fla. 1st DCA 1991), this court held that habitual mandatories may be imposed consecutively for offenses arising from the same Accordingly, we ......