Michael J. Martin v. State of Florida
190 So. 3d 252
| Fla. Dist. Ct. App. | 2016Background
- Michael J. Martin was convicted of aggravated battery with a firearm (charged under Fla. Stat. § 775.087, the "10-20-Life" statute) and possession of a firearm by a convicted felon (not charged under § 775.087).
- During a single criminal episode Martin discharged a firearm and injured others.
- Trial court imposed consecutive sentences: initially 25 years on count one reduced to 20 (procedural correction) and 5 years on count two, to run consecutively.
- Martin appealed, arguing the consecutive sentences were improper because both convictions arose from one criminal episode.
- The district court affirmed, concluding that under controlling First District precedent the discharge of a firearm during the episode permits consecutive sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences for both counts that arose from a single criminal episode are improper when one count is not a § 775.087 qualifying charge | Martin: Swanigan controls; consecutive sentence for possession by a convicted felon (non-qualifying offense) is improper when offenses arise from a single episode | State: Under Walton (First DCA) focus is whether a firearm was actually discharged during the episode; discharge permits consecutive sentences; § 775.087(2)(d) authorizes consecutive terms for qualifying counts and requires qualifying sentences to run consecutively to sentences for non-qualifying felonies | Affirmed: Because a firearm was discharged during the episode, Walton and the statutory language permit (and Williams later clarifies judicial discretion) consecutive sentencing; no remand required |
Key Cases Cited
- Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013) (holding that actual discharge of a firearm during a single criminal episode permits consecutive mandatory minimum sentences under § 775.087)
- Swanigan v. State, 57 So. 3d 989 (Fla. 5th DCA 2011) (held consecutive mandatory sentence improper for possession by a convicted felon arising from a single episode where court focused on elements of the possession offense)