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494 So. 2d 235

494 So.2d 235

11 Fla.L.Weekly 1803

McCormick v. State

District Court of Appeal of Florida

Decided August 13, 1986

District Court of Appeal of Florida · decided 1986-08-13

Cited by 2 later decisions — most recently September 1993

2 state decisions

Relies on 438 So. 2d 1 - Palmer v. State · 486 So. 2d 586 - State v. Lane

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-13

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DANAHY, Chief Judge.

¶1The defendant appeals his conviction of first degree murder for which he was sentenced to life imprisonment with consecutive mandatory minimum terms of twenty-five years and three years. The three-year mandatory minimum was imposed because the murder was committed with a firearm.

¶2The defendant raises several issues concerning his trial, none of which we find to have merit. However, we do agree with the defendant that the trial judge erred in sentencing him to consecutive mandatory minimum terms of imprisonment. Since the mandatory minimum sentences arose from a single criminal episode, we believe that Palmer v. State, 438 So.2d 1 (Fla.1983), applies here and requires that the two mandatory minimum sentences be concurrent. See also State v. Lane, 486 So.2d 586 (Fla.1986).

¶3*236Accordingly, we affirm the defendant's conviction but reverse his sentence with directions that the mandatory minimum terms be made concurrent.

RYDER and PRANK, JJ., concur.
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