Filed: Jul. 10, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSHUA DUKES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-4032 STATE OF FLORIDA, Appellee. _/ Opinion filed July 11, 2017. An appeal from the Circuit Court for Duval County. Jack M. Schemer, Judge. Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kathryn Lane, As
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSHUA DUKES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-4032 STATE OF FLORIDA, Appellee. _/ Opinion filed July 11, 2017. An appeal from the Circuit Court for Duval County. Jack M. Schemer, Judge. Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kathryn Lane, Ass..
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JOSHUA DUKES, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-4032
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed July 11, 2017.
An appeal from the Circuit Court for Duval County.
Jack M. Schemer, Judge.
Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Kathryn Lane, Assistant Attorney General,
Tallahassee, for Appellee.
ON MOTION FOR REHEARING AND WRITTEN OPINION
PER CURIUM.
On consideration of the motion for rehearing and written opinion, this Court
grants, in part, the motion. We grant the motion solely with respect to Appellant’s
request for remand regarding resentencing. The record indicates the trial court may
have felt constrained to impose the mandatory minimum sentences consecutively.
Pursuant to Williams v. State,
186 So. 3d 989, 993 (Fla. 2016), where “multiple
firearm offenses are committed contemporaneously, during which multiple victims
are shot at, then consecutive sentencing is permissible but not mandatory.”
(Emphasis added.) Accordingly, on remand the trial court is permitted to impose
the same sentence but is not required to do so.
AFFIRMED in part, REVERSED in part, and REMANDED.
B.L. THOMAS, C.J., WETHERELL, and M.K. THOMAS, JJ., CONCUR.
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