Pina v. State, s. 67014
| Decision Date | 25 November 1985 |
| Docket Number | 67105,Nos. 67014,s. 67014 |
| Citation | 10 Fla. L. Weekly 619,479 So.2d 107 |
| Parties | 10 Fla. L. Weekly 619 Louis PINA, Petitioner, v. STATE of Florida, Respondent. STATE of Florida, Petitioner, v. Louis PINA, Respondent. |
| Court | Florida Supreme Court |
Douglas A. Wallace, Sp. Public Defender, Bradenton, for petitioner/respondent.
Jim Smith, Atty. Gen. and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for respondent/petitioner.
In Pina v. State, 468 So.2d 475, 477 (Fla. 2d DCA 1985), the district court certified the following question: "When a defendant is convicted of felony murder, can he be convicted of, although not sentenced for, the underlying felony?" 1 The court vacated Pina's convictions and sentences for robbery and also held that Pina's two minimum mandatory twenty-five-year sentences before parole for first-degree murder would have to be concurrent rather than consecutive as directed by the trial court. We recently considered these two points in State v. Enmund, 476 So.2d 165 (Fla.1985). 2 In Enmund we held that a defendant can be both convicted of and sentenced for both felony murder and the underlying felony and that there is nothing to prevent a trial court from sentencing a defendant to consecutive twenty-five-year minimum mandatory sentences for first-degree murder. We therefore quash the district court's decision on these two points and direct that court to affirm Pina's convictions and sentences as imposed by the trial court.
It is so ordered.
I dissent for the reasons expressed in my concurring and dissenting opinion in State v. Enmund, 476 So.2d 165 (Fla.1985).
1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
2 Pina also argues several points which have nothing to do with the Enmund issues and which we choose not to address.
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State v. Boatwright
...reversed the sentences. The state moved for rehearing, claiming the district court's opinion was at variance with Enmund and Pina v. State, 479 So.2d 107 (Fla.1985). On rehearing, the district court adhered to its previous opinion, but certified the question now before this Court. The state......
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Boatwright v. State, BO-13
...our original opinion is at variance with two Florida Supreme Court decisions, State v. Enmund, 476 So.2d 165 (Fla.1985), and Pina v. State, 479 So.2d 107 (Fla.1985). Although we do not recede from the holding of our opinion, we do find it appropriate to address and clarify certain In State ......
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Simmons v. State, 85-2608
...he challenges the legality of his sentence. We affirm on the authority of State v. Enmund, 476 So.2d 165 (Fla.1985) and Pina v. State, 479 So.2d 107 (Fla.1985). LETTS, GLICKSTEIN and DELL, JJ., ...