5D2023-2434
The Fifth DCA reversed the summary denial of Gullo's 3.800(a) motion, holding that his consecutive mandatory minimum sentences under section 775.087(2) for aggravated assault with a firearm/discharge and possession of a firearm by a convicted felon were illegal because both offenses arose from a single criminal episode involving one victim and a single discharge that did not strike the victim. Because the illegal consecutive sentences were imposed pursuant to a negotiated plea agreement, the court remanded to give the State the option to agree to a legal sentence or withdraw from the plea and proceed to trial.
Key facts
- Gullo was convicted of aggravated assault with a firearm/discharge and possession of a firearm by a convicted felon arising from a single criminal episode involving one victim and one firearm discharge that did not strike the victim.
- The trial court imposed consecutive mandatory minimum sentences under section 775.087(2) for both offenses pursuant to a negotiated plea agreement.
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Why it matters
This opinion reaffirms and applies the well-established but frequently litigated single-criminal-episode limitation on consecutive 775.087(2) mandatory minimums, citing the controlling Florida Supreme Court authority in… — full analysis with a trial
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