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521 So. 2d 319

521 So.2d 319

13 Fla.L.Weekly 620

Aguilera v. State

District Court of Appeal of Florida · decided 1988-03-08

Relies on 438 So. 2d 1 - Palmer v. State · 458 So. 2d 377 - Cisnero v. State

Decided 1988-03-08

PER CURIAM.

¶1Appellant contends, by this appeal from a ruling denying his Rule 3.850 motion for post conviction relief, that the court erred in sentencing him to three consecutive three-year mandatory minimum sentences for use of a firearm, where all three offenses arose out of a single criminal episode. We agree, and the State concedes, that the stacked mandatory minimum sentences violate the dictates of Palmer v. State, 438 So.2d 1 (Fla.1983), which has retroactive application, Cisnero v. State, 458 So.2d 377 (Fla. 2d DCA 1984).

¶2The cause is remanded for a correction of sentence so that the minimum mandatory sentences run concurrently.

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