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768 So. 2d 1093

Washington v. State

District Court of Appeal of Florida

Decided November 15, 1995

District Court of Appeal of Florida · decided 1995-11-15

Relies on 417 So. 2d 639 - Ferguson v. State · 463 So. 2d 425 - McCall v. State · 486 So. 2d 22 - Palmer v. State

Decided 1995-11-15

PER CURIAM.

¶1Defendant appeals his conviction for dealing in stolen property on the grounds that the trial court erred in denying his motion for a mistrial. He also appeals his sentence as exceeding the statutory minimum-mandatory for a third degree felony.

¶2We find no merit in the first issue and affirm on the authority of § 59.041, Fla. Stat. (1993); Ferguson v. State, 417 So.2d 639 (Fla.1982); Traina v. State, 657 So.2d 1227 (Fla. 4th DCA 1995); Palmer v. State, 486 So.2d 22 (Fla. 1st DCA 1986); McCall v. State, 463 So.2d 425 (Fla. 3d DCA 1985).

¶3We do find error in the sentencing. The defendant should have been sentenced only to a five-year minimum-mandatory for each of the third degree felonies. § 775.084(4)(b)(3), Fla.Stat. (1993). The ten-year minimum-mandatory sentence for second degree felony is correct. Therefore, the matter is returned to the trial court with directions to amend the minimum-mandatory sentences for the third degree felony convictions to five years each, to run concurrently with the ten-year minimum-mandatory for the second degree conviction.

¶4Reversed and remanded with directions.

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