Mosely v. State

In the instant case appellant raises four issues for our review: whether appellant’s conviction and sentence for use of a firearm during commission of a felony violates double jeopardy; whether the trial court erred by imposing consecutive minimum mandatory terms; whether the trial court abused its discretion in imposing an upward departure sentence; and whether appellant’s sentences violate the state constitutional prohibition against cruel or unusual punishment. We reverse on the first two issues for the reasons explained below. We affirm in regard to the other issues without further…