Walton v. State
2013 Fla. App. LEXIS 2109
| Fla. Dist. Ct. App. | 2013Background
- Walton convicted of two counts each of attempted murder of a police officer and attempted armed robbery; weapons involved in each count.
- Trial court sentenced him to life with 20-year and 10-year mandatory minimums, all run consecutively.
- Post-judgment Rule 3.800(b)(2) motion argued life sentences illegal and consecutive minimums improper for a single episode.
- On resentencing, two counts of attempted murders reclassified to first-degree felonies; 30-year terms with 20-year minimums kept; armed robberies unchanged; resentencing occurred without Walton present.
- Court held consecutive 10-20 life minimums valid under 775.087(2)(d); but Walton’s absence at resentencing requires remand for resentencing with Walton present.
- Concluding that resentencing in Walton’s absence was reversible error, case remanded for proper resentencing with presence of Walton.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 775.087(2)(d) permits consecutive minimums for single-episode offenses | Walton argues stacking is impermissible for a single episode | State contends statute expressly authorizes consecutive minimums | Yes, statute authorizes consecutive minimums for single-episode offenses |
| Whether Lanham conflicts with 775.087(2)(d) post Sousa and should be receded | Lanham disallowed stacking when weapon displayed but not fired | State follows Lanham as controlling | Lanham receded; 10-20-Life stacking upheld for multiple offenses in single episode where firearm used |
| Whether resentencing without Walton present violated due process | Conviction and sentence should be reimposed with Walton present | Resentencing could proceed under exceptions to presence | Reversed; remand for resentencing with Walton present |
Key Cases Cited
- Palmer v. State, 438 So.2d 1 (Fla. 1988) (set baseline for stacking in single-episode offenses when firearm used or not)
- Thomas v. State, 487 So.2d 1043 (Fla. 1986) (permitted consecutive minimums when multiple offenses and distinct victims exist)
- Christian v. State, 692 So.2d 889 (Fla. 1997) (consecutive firearm minimums permissible for multiple victims in a single episode)
- Sousa v. State, 903 So.2d 923 (Fla. 2005) (statutory amendment permits consecutive 10-20-Life minimums; confirms scope of 775.087(2)(d))
- Lanham v. State, 60 So.3d 532 (Fla. 1st DCA 2011) (held stacking not permitted when weapon displayed but not fired)
- Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006) (precedent suggesting no stacking without discharge)
- Mondesir v. State, 814 So.2d 1172 (Fla. 3d DCA 2002) ( Third District interpretation scrutinized in Sousa)