Legal Opinion

Wright v. State

District Court of Appeal of Florida

Decided November 20, 1992No. 91-1212PublishedCited by 2 opinions

1Per curiam

Under the facts presented, we find no merit in appellant’s contention that his convictions for robbery with a firearm, aggravated assault and battery constitute double jeopardy. We do agree, however, that the lower court erred in making consecutive the “minimum mandatory” sentences imposed after determining that the defendant was a habitual violent felony offender. Such minimum mandatory sentences must be imposed to run concurrently when they arise from a single criminal episode, as in this case. Daniels v. State, 595 So.2d 952 (Fla.1992); Penton v. State, 605 So.2d 1319 (Fla. 1st DCA 1992).…

2Cases cited2 opinions

  1. Daniels v. StateSupreme Court of Florida · 1992
  2. Penton v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Standard Jury Instructions in Criminal Cases (95-1)Supreme Court of Florida · 1995
  2. Scott v. StateDistrict Court of Appeal of Florida · 1993

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