Frederick v. State

THOMPSON, Judge.

Dywain A. Frederick appeals two consecutive minimum mandatory three-year sentences imposed after he entered a plea of nolo contendere. Frederick entered pleas to robbery with a firearm1 and aggravated battery with a firearm.2 Both charges arose out of the same incident and involved the same victim. The two crimes 'occurred within three minutes of each other. We affirm the convictions, but we reverse his sentences.

The minimum mandatory sentences were imposed pursuant to section 775.087(2)(a)(1), Florida Statutes (1991). Since these two mandatory sentences arose out of one…