Jordan v. State
237 So. 3d 1070
| Fla. Dist. Ct. App. | 2017Background
- In 1996 Jordan shot at and injured Officer Macken and pointed a firearm at Officers Gallagher and Guerrier during a drug sweep; he was convicted of attempted second-degree murder (Macken) and two counts of aggravated assault on law enforcement (Gallagher, Guerrier).
- Trial court imposed consecutive prison terms of 30, 5, and 5 years (40 years total), and imposed three separate 3-year firearm mandatory minimums to run consecutively, yielding a stacked nine-year minimum.
- Jordan filed a Rule 3.800(a) motion (his third under that rule) arguing the three mandatory minimums were illegally “stacked” because the offenses occurred in a single criminal episode. The trial court summarily denied relief.
- The Third DCA initially reversed and remanded because the record did not conclusively show whether the offenses were part of a single episode. Jordan v. State, 182 So. 3d 819 (Fla. 3d DCA 2016).
- On remand the trial court entered a detailed order with record attachments showing the offenses occurred in separate incidents; the DCA affirmed the denial of relief, holding stacking was permissible under the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of stacking mandatory 3-year firearm minimums | Jordan: stacking is impermissible because the offenses occurred during a single criminal episode | State: offenses constituted separate criminal episodes (or caused multiple victim injuries) so stacking is permitted | Affirmed: record shows separate incidents; stacking permissible |
Key Cases Cited
- Palmer v. State, 438 So. 2d 1 (Fla. 1983) (Legislature did not authorize stacking for multiple offenses occurring in same criminal episode)
- State v. Thomas, 487 So. 2d 1043 (Fla. 1986) (stacking permitted where separate, distinct offenses involving multiple victims occur in one episode)
- Christian v. State, 692 So. 2d 889 (Fla. 1997) (for single-episode offenses stacking allowed when injuries to multiple victims or multiple injuries to one victim bifurcate crimes)
- State v. Sousa, 903 So. 2d 923 (Fla. 2005) (upheld stacking where multiple attempted murders/assaults in quick succession involved multiple victims)
- Jordan v. State, 182 So. 3d 819 (Fla. 3d DCA 2016) (remanded because record did not conclusively show whether offenses were a single criminal episode)