History
  • No items yet
midpage
Pratt v. State
472 So. 2d 799
| Fla. Dist. Ct. App. | 1985
|
Check Treatment
472 So. 2d 799 (1985)

Bernard PRATT, Appellant,
v.
The STATE of Florida, Appellee.

No. 85-856.

District Court of Appeal of Florida, Third District.

July 2, 1985.

*800 Bernard Pratt, in pro. per.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Defendant was sentenced to three consecutive mandatory minimum sentences on convictions for attempted first-degree murder, kidnapping, and sexual battery. The State confesses, in accordance with a recent pronouncement of the Florida Supreme Court, that mandatory minimum sentences could not be stacked as to the kidnapping and sexual battery, as the two offenses arose out of the same incident. Wilson v. State, 467 So. 2d 996 (Fla. 1985). The shooting of a police officer who subsequently arrived on the scene constituted a separate incident for which a consecutive minimum mandatory sentence could be imposed. James v. State, 462 So. 2d 858 (Fla. 2d DCA 1985).

Affirmed in part, reversed in part and remanded for correction of sentence.[1]

NOTES

[1] Defendant need not be present at the sentence-correcting proceeding.

Case Details

Case Name: Pratt v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 2, 1985
Citation: 472 So. 2d 799
Docket Number: 85-856
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.