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467 So. 2d 996

467 So.2d 996

10 Fla.L.Weekly 233

Docket No. 65446.

Wilson v. State

Cornelius WILSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided April 18, 1985.

Supreme Court of Florida · decided 1985-04-18

Key passage — most relied on by later courts

“Wilson's offenses occurred during a single, continuous episode. Consecutive mandatory minimum sentences are improper.”

quoted by 2 later decisions, including 472 So. 2d 1221 - Thomas v. State, 605 So. 2d 978 - Cox v. State

“offenses [which arose] from separate incidents occurring at separate times and places”

quoted by 2 later decisions, including 472 So. 2d 1221 - Thomas v. State, 487 So. 2d 1043 - State v. Thomas

Relies on 438 So. 2d 1 - Palmer v. State · 467 So. 2d 994 - Florida Bar v. Napier · Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-18

How this case has been cited

Cited by 25 later decisions — most recently December 2006 · most notably 487 So. 2d 1043 - State v. Thomas (1986), Kelly v. State (1989)

25 state decisions

150198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for respondent.

¶2*997 Michael E. Allen, Public Defender and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

¶3OVERTON, Justice.

¶4This cause is before us on petition to review the First District Court of Appeal decision in Wilson v. State,449 So.2d 822 (Fla. 1st DCA 1984), in which that court certified the following question to be of great public importance:

Whether the crimes for which the defendant was sentenced to consecutive three-year mandatory minimum terms pursuant to Section 775.087(2), Florida Statutes, were "offenses [which arose] from separate incidents occurring at separate times and places" within the meaning of the rule announced in Palmer v. State,438 So.2d 1 (Fla. 1983).

¶5449 So.2d at 825 (emphasis in original). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the identical question in the negative in State v. Ames,467 So.2d 994 (Fla. 1985), released simultaneously with this opinion.

¶6In this cause, Wilson pled guilty to sexual battery with a firearm and kidnapping with a firearm. The factual basis for the plea reflects that Wilson, armed with a gun, confronted his victim as she attempted to enter her apartment, forced her into his car, drove a short distance, and raped her. The trial court sentenced Wilson to two consecutive 30-year sentences with consecutive three-year mandatory minimum sentences for each offense. The district court affirmed the consecutive mandatory sentences, holding that "the offenses involved in the case at bar qualify for consecutive treatment under Palmer."449 So.2d at 825. We disagree and find that, under our Palmer and Ames decisions, Wilson's offenses occurred during a single, continuous episode. Consequently, consecutive minimum mandatory sentences are improper.

¶7Accordingly, we quash the decision of the district court and remand for further proceedings consistent with this opinion.

¶8It is so ordered.

¶9BOYD, C.J., and ADKINS, McDONALD and SHAW, JJ., concur.

¶10ALDERMAN and EHRLICH, JJ., dissent.

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