Kyle Z. Gullo v. State
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.
- +2 more key facts with a free trial
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
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.