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Wilson v. State

Supreme Court of Florida
Apr 18, 1985
467 So. 2d 996 (Fla. 1985)

Summary

In Wilson, where the defendant possessed a gun while kidnapping the one victim and then taking her by car a short distance and sexually assaulting her, we held that the offenses occurred during a single episode.

Summary of this case from State v. Thomas

Opinion

No. 65446.

April 18, 1985.

Appeal from the Circuit Court, Okaloosa County, Erwin Fleet, J.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for respondent.

Michael E. Allen, Public Defender and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.


This cause is before us on petition to review the First District Court of Appeal decision in Wilson v. State, 449 So.2d 822 (Fla. 1st DCA 1984), in which that court certified the following question to be of great public importance:

Whether the crimes for which the defendant was sentenced to consecutive three-year mandatory minimum terms pursuant to Section 775.087(2), Florida Statutes, were "offenses [which arose] from separate incidents occurring at separate times and places" within the meaning of the rule announced in Palmer v. State, 438 So.2d 1 (Fla. 1983).

449 So.2d at 825 (emphasis in original). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the identical question in the negative in State v. Ames, 467 So.2d 994 (Fla. 1985), released simultaneously with this opinion.

In this cause, Wilson pled guilty to sexual battery with a firearm and kidnapping with a firearm. The factual basis for the plea reflects that Wilson, armed with a gun, confronted his victim as she attempted to enter her apartment, forced her into his car, drove a short distance, and raped her. The trial court sentenced Wilson to two consecutive 30-year sentences with consecutive three-year mandatory minimum sentences for each offense. The district court affirmed the consecutive mandatory sentences, holding that "the offenses involved in the case at bar qualify for consecutive treatment under Palmer." 449 So.2d at 825. We disagree and find that, under our Palmer and Ames decisions, Wilson's offenses occurred during a single, continuous episode. Consequently, consecutive minimum mandatory sentences are improper.

Accordingly, we quash the decision of the district court and remand for further proceedings consistent with this opinion.

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD and SHAW, JJ., concur.

ALDERMAN and EHRLICH, JJ., dissent.


Summaries of

Wilson v. State

Supreme Court of Florida
Apr 18, 1985
467 So. 2d 996 (Fla. 1985)

In Wilson, where the defendant possessed a gun while kidnapping the one victim and then taking her by car a short distance and sexually assaulting her, we held that the offenses occurred during a single episode.

Summary of this case from State v. Thomas

In Wilson, as in the instant case, the victim was confronted with a gun and abducted, and was raped soon thereafter a short distance away.

Summary of this case from Waters v. State

In Wilson, the defendant's moving the victim by car a short distance before sexually assaulting her constituted one continuous episode. This court in Hernandez held that various assaults and batteries committed in one of the victim's yards on different victims all arose from a single continuous criminal episode.

Summary of this case from Young v. State

In Wilson, the supreme court held that the defendant's offenses occurred during a single, continuous episode where Wilson, armed with a gun, confronted his victim as she attempted to enter her apartment, forced her into his car, drove a short distance, and raped her.

Summary of this case from Reed v. State

kidnapping with a firearm and sexual battery with a firearm constitute a single, continuous episode; consecutive minimum mandatory sentences improper

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

Wilson v. State

Case Details

Full title:CORNELIUS WILSON, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Apr 18, 1985

Citations

467 So. 2d 996 (Fla. 1985)

Citing Cases

Young v. State

We further conclude that the crimes occurred in the same location. To conclude otherwise would require us to…

Waters v. State

As to issue one, we find that the kidnapping and sexual battery were part of the same criminal episode, and…