Ward v. State, 93-925

• Decision Date: 28 December 1993
• Docket Number: No. 93-925,93-925
• Citation: 630 So.2d 217
• Parties: 19 Fla. L. Weekly D62 Michael WARD, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 217

630 So.2d 217

19 Fla. L. Weekly D62

Michael WARD, Appellant, v. The STATE of Florida, Appellee.

No. 93-925.

District Court of Appeal of Florida Third District.

Dec. 28, 1993.

Rehearing Denied Feb. 1, 1994.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County, Leslie Rothenberg, Judge.

Michael Ward, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, BASKIN and GERSTEN, JJ.

PER CURIAM.

Michael Ward appeals an order denying his motion to correct illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure. Ward raises several issues in his motion; one merits discussion.

Ward was sentenced to 30 years in prison with three years minimum mandatory on a third degree murder with a firearm conviction, to run consecutively with a 30 year term in prison with three years minimum mandatory on an attempted second degree murder with a firearm conviction. Ward correctly asserts that imposition of consecutive minimum mandatory sentences under the facts of this case is error. "It is error to impose consecutive mandatory minimum sentences for the use of a firearm during a single criminal episode, even where there are two victims, where the episode occurred without interruption in time and location." Weatherspoon v. State, 624 So.2d 405, 407 (Fla. 2d DCA 1993); Wilson v. State, 467 So.2d 996 (Fla.1985); Palmer v. State, 438 So.2d 1 (Fla.1983). In this case, imposition of consecutive minimum mandatory sentences is illegal. Bass v. State, 530...