Vickery v. StateVickery v. State
Appellant seeks review of consecutive mandatory minimum sentences which were imposed pursuant to
In accordance with a prior arrangement appellant and two companions were met by undercover law enforcement personnel for a cocaine transaction at a motel. Negotiations occurred in the motel parking lot and the participants consummated the transaction inside a motel room. Plans were also made for a later cannabis transaction. Appellant and his companions were arrested and after a jury trial appellant was convicted of conspiracy to traffic in cannabis and both trafficking and conspiracy to traffic in cocaine. Consecutive mandatory minimum sentences were imposed pursuant to
In Palmer v. State, 438 So.2d 1 (Fla. 1983), the Florida Supreme Court declined to permit consecutive mandatory minimum sentences for multiple offenses which occurred during a single criminal episode. The court later indicated in State v. Enmund, 476 So.2d 165 (Fla. 1985), that consecutive mandatory terms may be imposed for multiple offenses which are separate and distinct. See also, Murray v. State, 491 So.2d 1120 (Fla. 1986); State v. Thomas, 487 So.2d 1043 (Fla. 1986); compare Wilson v. State, 467 So.2d 996 (Fla. 1985); State v. Ames, 467 So.2d 994 (Fla. 1985). While these cases addressed the imposition of mandatory minimum sentences for the possession of a firearm during the commission of a felony, the rationale expressed is likewise applicable to mandatory minimum sentences imposed pursuant to
The consecutive mandatory minimum sentences for the cocaine offenses are hereby vacated. The orders appealed are otherwise affirmed and the cause is remanded.
SMITH, C.J., and JOANOS, J., concur.