Irizarry v. State

Citation946 So.2d 555
Decision Date08 December 2006
Docket NumberNo. 5D05-4274.,5D05-4274.
PartiesSigfredo IRIZARRY, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

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), Fla. Stat. (2003) (emphasis added). In Sousa, the defendant shot two of his three victims in rapid succession during a single criminal episode. Sousa, 903 So.2d at 924. Sousa was subsequently convicted of two counts of attempted murder with a firearm, and one count of aggravated assault with a firearm. Id. The trial court imposed consecutive minimum mandatory sentences. The issue presented on appeal was whether the trial court had the authority to impose the minimum mandatory sentences consecutively. Id. Relying on Mondesir v. State, 814 So.2d 1172 (Fla. 3d DCA 2002), the Second District Court reversed the trial court and held that section 775.087(2)(d) prohibited the trial court from imposing the sentences consecutively. Id. at 927. The Florida supreme court reversed the Second District Court and affirmed the trial court's sentence. Id. at 928.

The Sousa court proceeded in its analysis of the sentences by first considering whether the trial court would have had the authority to impose consecutive minimum mandatory sentences before the 10-20-life statute amended section 775.087 in 1999, and then considering how, if at all, the trial court's authority was limited by these amendments.

In considering the extent of the trial court's authority prior to the 1999 amendments, the Sousa court discussed its decisions in Palmer v. State, 438 So.2d 1 (Fla. 1983), State v. Thomas, 487 So.2d 1043 (Fla.1986), and State v. Christian, 692 So.2d 889 (Fla.1997). These cases recognize that it is the legislature who decides what portion of their sentence convicts must serve before becoming eligible for parole. Sousa, 903 So.2d at 924-25. Courts cannot exceed such terms by imposing mandatory minimum terms for related offenses consecutively. Id. The Sousa court relied on its opinions in Palmer, Thomas, and Christian to explain when the trial court may impose mandatory minimum sentences consecutively, without exceeding its authority.

The Sousa court explained that Palmer stands for the proposition that the trial court cannot impose mandatory minimum sentences consecutively for offenses arising out of the same criminal episode. Sousa, 903 So.2d at 925 (citing Palmer, 438 So.2d at 4). In Thomas, the court held that firearm offenses arising from a single episode are sufficiently separate to permit the imposition of consecutive mandatory minimum sentences when the defendant separately shot at more than one person. Thomas, 487 So.2d at 1044-45. Finally, in describing this line of case law, Sousa cites Christian for the proposition that consecutive sentencing of mandatory minimums is permissible for offenses arising from a single episode where the offenses caused "injury to multiple victims or multiple injuries to one victim." Sousa, 903 So.2d at 925 (citing Christian, 692 So.2d at 890-91). Specifically, the Christian court said:

The injuries bifurcate the crimes for stacking purposes. The stacking of firearm mandatory minimum terms thus is permissible where the defendant shoots at multiple victims, and impermissible where the defendant does not fire the weapon.

Christian, 692 So.2d at 890-91. The Sousa court concluded that the trial court had the authority under Christian to consecutively impose the defendant's minimum mandatory sentences. Sousa, 903 So.2d at 926.

The Sousa court next considered whether the 1999 amendments to section 775.087 altered the law announced in Christian. The court wrote:

We disagree that section 775.087 as amended still does not permit consecutive sentencing. To draw that conclusion we would have to find that the 1999 amendment to section 775.087 overrules our decisions in Christian and Thomas. We do not agree. Rather we conclude that this amendment to the statute is consistent with the decisions in Christian and Thomas.

Sousa, 903 So.2d at 927. Sousa thus appears to stand for the proposition that the 10-20-life statute did not diminish the trial court's...

To continue reading

Request your trial
18 cases
  • Walton v. State
    • United States
    • United States State Supreme Court of Florida
    • December 1, 2016
    ...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
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 2018
    ...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.
    • United States
    • Court of Appeal of Florida (US)
    • February 12, 2013
    ...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
    • United States
    • Court of Appeal of Florida (US)
    • August 18, 2014
    ......State, 114 So.3d 1048 (Fla. 1st DCA 2013). See also Morgan v. State, 137 So.3d 1075 (Fla. 3d DCA 2014). But see Roberts v. State, 990 So.2d 671 (Fla. 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 two counts of attempted first-degree felony murder, two counts of attempted murder in the second degree, attempted ......
  • Request a trial to view additional results

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