FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-3522
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KEITH DEMOND ROGERS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
J. Scott Duncan, Judge.
April 16, 2019
PER CURIAM.
Because the jury found that the appellant committed multiple
firearm offenses without discharging the firearm during a single
criminal episode, the trial court erred in imposing consecutive
mandatory minimum sentences. See Walton v. State,
208 So. 3d
60, 64 (Fla. 2016) (quoting Williams v. State,
186 So. 3d 989, 993
(Fla. 2016) (“[C]onsecutive sentencing of mandatory minimum
imprisonment terms for multiple firearm offenses is impermissible
if the offenses arose from the same criminal episode and a firearm
was merely possessed but not discharged.”)). Accordingly, we
reverse the appellant’s sentence on count V and remand the case
to the trial court for it to order the appellant’s sentence on count V
to run concurrently to the sentences for counts IV and VI. We
reject the appellant’s separate argument that he was entitled to a
judgment of acquittal.
AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.
ROBERTS, RAY, and WINSOR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Kevin P. Steiger, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Kaitlin Weiss, Assistant
Attorney General, Tallahassee, for Appellee.
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