Filed: Jan. 06, 2016
Latest Update: Mar. 02, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed January 6, 2016. Not final until disposition of timely filed motion for rehearing. _ No. 3D13-2786 Consolidated: 3D13-2803 Lower Tribunal No. 09-13518A _ Linaker Charlemagne, Appellant/Cross-Appellee, vs. The State of Florida, Appellee/Cross-Appellant. Appeals from the Circuit Court for Miami-Dade County, Nushin Sayfie, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Pamela Jo
Summary: Third District Court of Appeal State of Florida Opinion filed January 6, 2016. Not final until disposition of timely filed motion for rehearing. _ No. 3D13-2786 Consolidated: 3D13-2803 Lower Tribunal No. 09-13518A _ Linaker Charlemagne, Appellant/Cross-Appellee, vs. The State of Florida, Appellee/Cross-Appellant. Appeals from the Circuit Court for Miami-Dade County, Nushin Sayfie, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Pamela Jo ..
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Third District Court of Appeal
State of Florida
Opinion filed January 6, 2016.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D13-2786
Consolidated: 3D13-2803
Lower Tribunal No. 09-13518A
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Linaker Charlemagne,
Appellant/Cross-Appellee,
vs.
The State of Florida,
Appellee/Cross-Appellant.
Appeals from the Circuit Court for Miami-Dade County, Nushin Sayfie,
Judge.
Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
Before SHEPHERD, LAGOA and EMAS, JJ.
SHEPHERD, J.
Linaker Charlemagne appeals his conviction and sentence of one count of
first-degree murder with a firearm causing death, and a second of attempted first-
degree murder with a firearm causing great bodily harm. Pursuant to section
775.087(2)(a)3 of the Florida Statutes, the court sentenced him to concurrent terms
of imprisonment for life, with a minimum mandatory sentence of twenty-five
years on each count, the minimum-mandatory portions also to run concurrently.
The State cross-appeals on the basis that section 775.087(2)(d) requires that the
minimum mandatory portions of the two sentences must be imposed consecutively.
We find no merit in the points raised by the appellant on his appeal and
affirm the conviction without discussion. At the same time, we find the trial court
had a mandatory obligation under section 775.087(2)(d) of the Florida Statutes
(2014), to impose the minimum mandatory sentences consecutively in this case.
Morgan v. State,
137 So. 3d 1075 (Fla. 3d DCA 2014) (stating that section
775.087(2) requires “any mandatory minimum term required by section
775.087(2)―whether the defendant fires a gun or only carries or displays it―shall
be imposed consecutively to any other term imposed for any other felony”);1 see
also Williams v. State,
125 So. 3d 879 (Fla. 4th DCA 2013) (en banc); Walton v.
State,
106 So. 2d 522 (Fla. 1st DCA 2013), rev. granted,
145 So. 3d 830 (Fla.
2014). Accordingly, we reverse and remand the sentences in this case with the
direction they be corrected to recite that the minimum mandatory sentences will
1 The trial judge did not have this opinion at the time he sentenced the defendant.
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run consecutively. Given the mandatory non-discretionary nature of the
resentencing proceeding, the defendant need not be present for this purpose.
Affirmed in part, and reversed in part, with directions.
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