Irizarry v. State, 5D05-4274.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Griffin |
| Citation | 946 So.2d 555 |
| Parties | Sigfredo IRIZARRY, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 5D05-4274.,5D05-4274. |
| Decision Date | 08 December 2006 |
v.
STATE of Florida, Appellee.
James S. Purdy, Public Defender, and Rebecca M. Becker and Michael S. Becker, Assistant Public Defenders, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, Brigid E. Collins, Kellie A. Nielan and Pamela J. Koller, Assistant Attorneys General, Daytona Beach, for Appellee.
[946 So.2d 556]
GRIFFIN, J.
Sigfredo Irizarry ["Irizarry"] appeals the consecutive minimum mandatory sentences he received following his convictions for robbery, kidnapping, and burglary. We reverse.
On December 26, 2003, Irizarry entered the Lake Mary 8 Theater. The last movie of the night was about to end, and Assistant Manager, Lance White ["White"] was shutting down equipment in an area of the theater restricted to employees. White saw Irizarry in the employees-only area and asked if he could help him. Irizarry then drew a semi-automatic handgun and ordered White into the office. He told White, "I want the safe. I want all the money. Be really quiet or I will shoot you." As White struggled to open the safe, Irizarry put the gun to White's back and said, "I'm going to end you." He ordered White to put the cash, deposit slips, and receipts into a bag.
Christopher Harris ["Harris"], who had been waiting for White, then knocked on the office door to see what had been delaying him. In response, Irizarry opened the door, pointed the gun at Harris' face, and ordered him to lie face down on the floor. Irizarry took the batteries from each victim's cell phone, directed White to tie up Harris, and then proceeded to bind White and gag both victims. After he finished gagging the victims, Irizarry fled out a back door. Shortly thereafter, Irizarry was captured by the police.
Irizarry was charged with two counts of robbery with a firearm, two counts of kidnapping with a firearm, burglary of a structure with an assault or battery, and possession of a firearm by a convicted felon. As charged, each offense was subject to the 10-20-life statute, which governs sentencing for specified offenses involving a firearm. See § 775.087(2), Fla. Stat. (2003). In accordance with this statute, each of Irizarry's first five charges was punishable by a mandatory minimum sentence of ten years and a maximum of life imprisonment. The possession charge was punishable by a mandatory minimum sentence of three years and a maximum of fifteen years imprisonment. Irizarry pled no contest and was adjudicated guilty of each of the six counts.
On November 28, 2005, the trial court held a hearing to determine Irizarry's sentence. The State computed Irizarry's sentencing range under the Criminal Punishment Code Score Sheet as between 18.6 years and life. The State argued that the minimum mandatory sentences should run consecutively, totaling 53 years. The State contended that the Florida supreme court's opinion in State v. Sousa, 903 So.2d 923 (Fla.2005), supported this position. During the sentencing hearing, defense counsel disagreed that the trial court had the authority to impose Irizarry's sentences consecutively. Defense counsel urged that the State misread Sousa. Accepting the State's position, the trial court said:
I want the record to reflect that my reading of the case of Adam Sousa reported at 903 So 2d [sic] 923 requires the imposition of consecutive sentences.
At issue is the meaning of section 775.087(2)(d), Florida Statutes (2003):
It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other
term of imprisonment imposed for any other felony offense.
§ 775.087(2)(d),...
To continue reading
Request your trial
-
Walton v. State, SC13–1652.
...the defendant fires a firearm or only carries or displays it. Id. at 528. The First District certified conflict with Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons discussed below, we quash the First District's ......
-
Bonner v. State, 1D15–5582
...2011) ; Roberts v. State , 990 So.2d 671 (Fla. 4th DCA 2008) ; Perry v. State , 973 So.2d 1289 (Fla. 4th DCA 2008) ; Irizarry v. State , 946 So.2d 555 (Fla. 5th DCA 2006). Accordingly, we hold that Bonner’s course of conduct occurred within a single criminal episode, and because the firearm......
-
Walton v. State, 1D10–6776.
...displays a firearm, but does not discharge it, while committing multiple offenses. We further certify conflict with Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). The second issue is whether the trial court improperly resentenced Appellant in his absence. Concluding that the court er......
-
Denson v. State, 1D12–5794.
...4th DCA 2008); Perry v. State, 973 So.2d 1289 (Fla. 4th DCA 2008); Church v. State, 967 So.2d 1073 (Fla. 2d DCA 2007); Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). Mr. Denson stood trial on multiple charges alleged in connection with a marijuana transaction gone awry. Charged with ......
-
Walton v. State, SC13–1652.
...the defendant fires a firearm or only carries or displays it. Id. at 528. The First District certified conflict with Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons discussed below, we quash the First District's ......
-
Bonner v. State, 1D15–5582
...2011) ; Roberts v. State , 990 So.2d 671 (Fla. 4th DCA 2008) ; Perry v. State , 973 So.2d 1289 (Fla. 4th DCA 2008) ; Irizarry v. State , 946 So.2d 555 (Fla. 5th DCA 2006). Accordingly, we hold that Bonner’s course of conduct occurred within a single criminal episode, and because the firearm......
-
Walton v. State, 1D10–6776.
...displays a firearm, but does not discharge it, while committing multiple offenses. We further certify conflict with Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). The second issue is whether the trial court improperly resentenced Appellant in his absence. Concluding that the court er......
-
Denson v. State, 1D12–5794.
...4th DCA 2008); Perry v. State, 973 So.2d 1289 (Fla. 4th DCA 2008); Church v. State, 967 So.2d 1073 (Fla. 2d DCA 2007); Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006). Mr. Denson stood trial on multiple charges alleged in connection with a marijuana transaction gone awry. Charged with ......