Summary
In Daniels, we expressly rejected this argument and stated: "The subsequent addition of subsection (b) to section 775.021(4) was designed to overrule this Court's decision in Carawan v. State, 515 So.2d 161 (Fla. 1987), pertaining to consecutive sentences for separate offenses committed at the same time, and had nothing to do with minimum mandatory sentences."
Summary of this case from Hale v. StateOpinion
No. 90-746.
April 15, 1991.
An Appeal from the Circuit Court for Clay County; William Arthur Wilkes, Judge.
Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.
Robert A. Butterworth, Atty. Gen. and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant Daniels asserts that the trial court erred: (1) in imposing three consecutive 15-year minimum mandatory sentences for offenses which arose from the same incident; (2) in denying his motions for judgment of aquittal; and (3) in permitting improper comments in the presence of the jury. We AFFIRM each of the three points raised but certify the following question, on the first point, as one of great public importance:
GIVEN THE LEGISLATIVE INTENT UNDERLYING CHAPTER 88-131, LAWS OF FLORIDA, AND THE COURT'S DECISIONS IN STATE V. ENMUND, 476 So.2d 165 (FLA. 1985), AND STATE V. BOATWRIGHT, 559 So.2d 210 (FLA. 1990), DOES A TRIAL JUDGE HAVE THE DISCRETION, UNDER SECTIONS 775.021(4) AND 775.084, FLORIDA STATUTES (SUPP. 1988), TO IMPOSE CONSECUTIVE LIFE TERMS, EACH WITH A FIFTEEN YEAR MINIMUM MANDATORY TERM OF INCARCERATION, FOR FIRST DEGREE FELONIES COMMITTED BY AN HABITUAL VIOLENT FELONY OFFENDER?
WIGGINTON, MINER and WOLF, JJ., concur.