614 So. 2d 24 | Fla. Dist. Ct. App. | 1993
The appellant challenges his sentences for trafficking in cocaine and conspiracy to traffic in cocaine. He argues the trial court erred in imposing three-year minimum mandatory sentences on each offense to run consecutively. We agree and reverse.
The appellant pleaded guilty and received concurrent sentences of twenty-five years’ imprisonment each for trafficking in cocaine and conspiracy to traffic in cocaine. The trial court imposed a three-year minimum mandatory term on each sentence, pursuant to section 893.-135(l)(b)l.a., Florida Statutes (Supp.1990), with the minimum mandatory term on the conspiracy offense to run consecutively to the minimum mandatory term on the trafficking offense.
The instant offenses were based upon a single transaction involving the same quantum of contraband. Consecutive minimum mandatory sentences may not be imposed when the multiple offenses for which the sentences are imposed are committed during a single continuous episode. Palmer v. State, 438 So.2d 1 (Fla.1983); Peoples v.
We therefore reverse and remand for the trial court to impose concurrent minimum mandatory terms. The appellant does not need to be present.
Reversed and remanded.
