Denholm v. State

SHARP, Judge.

Denholm appeals from his amended ten year sentence on Count II on the ground that the trial court erroneously increased it after his initial sentence was vacated. We agree and vacate the sentence.

Denholm pleaded guilty to two counts of second degree murder. Originally, he was sentenced to consecutive terms of imprisonment of twenty-five years on Count I and five years on Count II. Each sentence had a three year minimum mandatory term because Denholm used a firearm. However, since the murders arose out of the same criminal episode, Denholm’s Rule 3.850 motion challenging the two…