Lewis v. State

PRANK, Judge.

Jerry Lewis appeals from the summary denial of his motion for postconviction relief. We reverse and remand for further proceedings.

Lewis alleges that in 1976 he pleaded to charges of armed robbery and aggravated battery, and asserts the charges arose from a single criminal episode. He received consecutive sentences, including consecutive minimum mandatory sentences for the use of a firearm. Under Palmer v. State, 438 So.2d 1 (Fla.1983), the “stacking” of minimum mandatory sentences is improper if the offenses arise from a single episode.

The trial court held that Lewis should have…