Tate v. State, 1D15–2357.
Decision Date | 28 June 2016 |
Docket Number | No. 1D15–2357.,1D15–2357. |
Citation | 194 So.3d 564 (Mem) |
Parties | Cedric TATE, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, Barbara J. Busharis, Assistant Public Defender, for Appellant.
Pamela Jo Bondi, Attorney General, Quentin Humphrey, Assistant Attorney General, for Appellee.
Appellant, Cedric Tate, challenges his judgment and two consecutive mandatory minimum sentences for one count of second degree murder and one count of a convicted felon in possession of a firearm, arising from a single criminal episode. We affirm the conviction without comment, but reverse the sentences pursuant to Williams v. State, 186 So.3d 989 (Fla.2016).
At Appellant's sentencing hearing the trial court imposed mandatory minimum sentences under the 10–20–Life statute, as required under then-controlling decisions. However, the Florida Supreme Court in Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously are permissible but not mandatory. Thus, because the trial court believed it could not exercise discretion in imposing consecutive mandatory minimum terms, we reverse Appellant's sentences and remand for resentencing.
AFFIRMED in part; REVERSED and REMANDED in part.
To continue reading
Request your trial-
Wanless v. State
...and felon-in-possession convictions in one criminal episode with single victim; no mention of multiple gunshots); Tate v. State , 194 So. 3d 564, 565 (Fla. 1st DCA 2016) (consecutive mandatory-minimum sentences permissible for second-degree murder and felon-in-possession convictions in one ......
-
Fleming v. State, CASE NO. 1D12–5661
...or concurrently. See Walton v. State , 208 So.3d 60 (Fla. 2016) ; Williams v. State , 186 So.3d 989 (Fla. 2016) ; Tate v. State , 194 So.3d 564 (Fla. 1st DCA 2016) ; and Burns v. State , 212 So.3d 546 (Fla. 1st DCA 2017). We again certify conflict with Torres–Rios v. State , 205 So.3d 883 (......
-
Burns v. State, CASE NO. 1D15–5195
...consecutive sentences were permissible but not required. See Williams v. State , 186 So.3d 989 (Fla. 2016), and Tate v. State , 194 So.3d 564 (Fla. 1st DCA 2016) ; but see Torres–Rios v. State , 205 So.3d 883 (Fla. 5th DCA 2016) (holding concurrent sentences are required under section 775.0......