Gunn v. State
District Court of Appeal of Florida
1Opinion of the Court
STONE, Judge.
We reverse Appellant’s sentence in part as to counts II and III. It is undisputed that, as these were third degree felonies, the mandatory minimum aspect of Appellant’s violent habitual offender sentence should be five years. § 775.084(4)(b)(3), Fla.Stat. (1994). It was therefore error to specify a longer mandatory minimum in the sentence.
In all other respects, the judgment and sentence are affirmed. We comment on two of the issues raised, the first involving a double jeopardy claim and the other, that the court erred in restricting defense counsel’s questions on voir dire.
Appella…
2Cases cited7 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Cleveland v. StateSupreme Court of Florida · 1991
- Moody v. StateSupreme Court of Florida · 1982
- Essix v. StateDistrict Court of Appeal of Florida · 1977
- Walton v. StateDistrict Court of Appeal of Florida · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Florczak v. StateDistrict Court of Appeal of Florida · 1998
- Edwards v. StateDistrict Court of Appeal of Florida · 1999
- Bruce v. StateDistrict Court of Appeal of Florida · 2011