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219 So. 3d 900

Billups v. State

District Court of Appeal of Florida · decided 2017-06-21

Cited by 1 later decisions — most recently June 2018

1 state decisions

Relies on 186 So. 3d 989 - Ronald Williams v. State of Florida · Walton v. State · 208 So. 3d 60 - Leronnie Lee Walton v. State of Florida

Good law ✅— No negative treatment on recordhow we know

Decided 2017-06-21

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¶1ON REMAND FROM THE FLORIDA SUPREME COURT

Per Curiam.

¶2This court previously affirmed the denial of appellant’s rule 3.800(a) motion with a citation to Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013), rev. granted 123 So.3d 1148 (Fla. 2013). In part, his motion challenged the imposition of consecutive mandatory minimum sentences under section 775.087(2)(d), Florida Statutes (2008), the 10-20-Life statute. The Florida Supreme Court has quashed our decision and remanded for reconsideration in light of its decisions in Walton v. State, 208 So.3d 60 (Fla. 2016), and Williams v. State, 186 So.3d 989 (Fla. 2016). Because appellant’s offenses arose from the same criminal episode and did not involve discharge of a firearm, consecutive mandatory minimum sentences were not permitted. Accordingly, we reverse and remand for resentenc-ing consistent with the Florida Supreme Court decisions. The denial of appellant’s remaining claims is affirmed.

¶3Reversed and remanded.

Ciklin, C.j., Damoorgian and Klingensmith, JJ., concur.
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