Legal Opinion

Timonere v. State

District Court of Appeal of Florida

Decided December 20, 1995No. 95-00122PublishedCited by 1 opinion

1Opinion of the Court

FRANK, Judge.

James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resen-tencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand for resentencing pursuant to Barry v. State, 654 So.2d 1229 (Fla. 2d DCA 1995).

Remanded.

THREADGILL, C.J.,…

2Cases cited2 opinions

  1. Barry v. StateDistrict Court of Appeal of Florida · 1995
  2. Timonere v. StateDistrict Court of Appeal of Florida · 1994

3Cited by1 opinion

  1. Fannin v. StateDistrict Court of Appeal of Florida · 2000

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