Hector Colon v. State of Florida

Although I concur in the reversal for further proceedings, I believe the sentences imposed, other than the sentence for second degree murder and attempted second degree murder, were illegal, an issue not raised in this appeal. In Dennard v. State, 157 So.3d 1055 (Fla. 4th DCA 2014) (Warner, J., dissenting), appeal dismissed, No. SC15-300, 2016 WL 1252516 (Fla. Mar. 30, 2016), I argued in dissent that neither section 921.0024(2), Florida Statutes (2002), nor the supreme court’s interpretation of it in Butler v. State, 838 So.2d 554 (Fla.2003), were clear on how to sentence where, as is the…