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610 So. 2d 564

Docket No. 91-713.

Abreu v. State

Bruno ABREU, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 8, 1992.

Rehearing Denied January 26, 1993.

District Court of Appeal of Florida · decided 1992-12-08

Cited by 2 later decisions — most recently February 1995

2 state decisions

Relies on 491 So. 2d 1129 - State v. DiGuilio · 438 So. 2d 1 - Palmer v. State · Lazarowicz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-08

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¶1*565 Bennett H. Brummer, Public Defender, and Cynthia A. Greenfield, Special Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

¶3Before NESBITT, JORGENSON and LEVY, JJ.

¶4PER CURIAM.

¶5Defendant appeals from a judgment of conviction and sentences on multiple counts of kidnapping, aggravated assault, aggravated battery, and sexual battery. We affirm the convictions, reverse the sentencing order in part, and remand for resentencing.

¶6We find no error in the trial court's admission of evidence of defendant's prior acts of violence against the victim. See Lazarowicz v. State,561 So.2d 392 (Fla. 3d DCA 1990) (evidence of defendant's prior criminal conduct admissible to establish entire context in which crime committed). The evidence was admitted to counter defendant's argument that the victim had provoked him, and that the attacks in this case were isolated incidents. Even if admission of this evidence was error, it was harmless, as there is no reasonable possibility that it contributed to the conviction. State v. DiGuilio,491 So.2d 1129 (Fla. 1986).

¶7We agree with defendant that the trial court erred in imposing consecutive minimum mandatory sentences. See Palmer v. State,438 So.2d 1 (Fla. 1983) (trial court cannot sentence defendant to consecutive minimum mandatory sentences for crimes arising from same criminal episode). Accordingly, we reverse and remand for correction of the sentencing order to reflect that the minimum mandatory sentences shall be served concurrently. We affirm the sentences in all other regards.

¶8Affirmed in part; reversed in part; remanded.

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