Timonere v. State, 95-00122

• Decision Date: 20 December 1995
• Docket Number: No. 95-00122,95-00122
• Citation: 666 So.2d 197
• Parties: 21 Fla. L. Weekly D103 James TIMONERE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 197

666 So.2d 197

21 Fla. L. Weekly D103

James TIMONERE, Appellant, v. STATE of Florida, Appellee.

No. 95-00122.

District Court of Appeal of Florida,

Second District.

Dec. 20, 1995.

Appeal from the Circuit Court for Pinellas County; Oliver L. Green, Jr., Associate Judge.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resentencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J., and FULMER, J., concur.