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Torres-Rios v. State

District Court of Appeal of Florida, Fifth District.
Dec 16, 2016
205 So. 3d 883 (Fla. Dist. Ct. App. 2016)

Summary

holding that concurrent sentences must be imposed under section 775.087 where a single shot is fired at only one person during a single criminal episode

Summary of this case from Bradley v. State

Opinion

Case No. 5D16–2235

12-16-2016

Joaquin TORRES–RIOS, Appellant, v. STATE of Florida, Appellee.

Joaquin Torres–Rios, Sneads, pro se. No Appearance for Appellee.


Joaquin Torres–Rios, Sneads, pro se.

No Appearance for Appellee.

PER CURIAM.

Appellant, Joaquin Torres–Rios, appeals the trial court's summary denial of his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. We affirm the denial of Appellant's first and third claims. We reverse with regard to Appellant's second claim in which he argued that he was illegally sentenced to consecutive minimum mandatory sentences where there was only a single discharge of the firearm and only one person was shot during a single criminal episode, and we instruct the postconviction court to enter an amended order providing for concurrent sentences instead. See Williams v. State , 186 So.3d 989, 993 (Fla. 2016) ; Cook v. State , 775 So.2d 425, 426 (Fla. 5th DCA 2001).AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.


Summaries of

Torres-Rios v. State

District Court of Appeal of Florida, Fifth District.
Dec 16, 2016
205 So. 3d 883 (Fla. Dist. Ct. App. 2016)

holding that concurrent sentences must be imposed under section 775.087 where a single shot is fired at only one person during a single criminal episode

Summary of this case from Bradley v. State

holding that concurrent sentences must be imposed under section 775.087 where a single shot is fired at only one person during a single criminal episode

Summary of this case from Thornes v. State

holding concurrent sentences are required under section 775.087 when there was only a single discharge of a firearm and only one person shot during a single criminal episode

Summary of this case from Burns v. State
Case details for

Torres-Rios v. State

Case Details

Full title:Joaquin TORRES–RIOS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Dec 16, 2016

Citations

205 So. 3d 883 (Fla. Dist. Ct. App. 2016)

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