From Casetext: Smarter Legal Research

Pratt v. State

District Court of Appeal of Florida, Third District
Jul 2, 1985
472 So. 2d 799 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-856.

July 2, 1985.

Appeal from the Circuit Court, Dade County, Michael H. Salmon, J.

Bernard Pratt, in pro. per.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.


Defendant was sentenced to three consecutive mandatory minimum sentences on convictions for attempted first-degree murder, kidnapping, and sexual battery. The State confesses, in accordance with a recent pronouncement of the Florida Supreme Court, that mandatory minimum sentences could not be stacked as to the kidnapping and sexual battery, as the two offenses arose out of the same incident. Wilson v. State, 467 So.2d 996 (Fla. 1985). The shooting of a police officer who subsequently arrived on the scene constituted a separate incident for which a consecutive minimum mandatory sentence could be imposed. James v. State, 462 So.2d 858 (Fla. 2d DCA 1985).

Affirmed in part, reversed in part and remanded for correction of sentence.

Defendant need not be present at the sentence-correcting proceeding.


Summaries of

Pratt v. State

District Court of Appeal of Florida, Third District
Jul 2, 1985
472 So. 2d 799 (Fla. Dist. Ct. App. 1985)
Case details for

Pratt v. State

Case Details

Full title:BERNARD PRATT, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 1985

Citations

472 So. 2d 799 (Fla. Dist. Ct. App. 1985)

Citing Cases

Millet v. State

Affirmed. See Pratt v. State, 472 So.2d 799 (Fla. 3d DCA 1985); James v. State, 462 So.2d 858 (Fla. 2d DCA…

Connolly v. State

Our decision in James v. State, 462 So.2d 858 (Fla. 2d DCA 1985), mandates a different result for the…