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Keith Demond ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District2019-04-16No. No. 1D17-3522
267 So. 3d 1104

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Opinion

majority opinion

Per Curiam.

Because the jury found that the appellant committed multiple firearm offenses without discharging the firearm during a single criminal episode, the trial court erred in imposing consecutive mandatory minimum sentences. See Walton v. State , 208 So.3d 60, 64 (Fla. 2016) (quoting Williams v. State , 186 So.3d 989, 993 (Fla. 2016) ([C]onsecutive sentencing of mandatory minimum imprisonment terms for multiple firearm offenses is impermissible if the offenses arose from the same criminal episode and a firearm was merely possessed but not discharged.) ). Accordingly, we reverse the appellants sentence on count V and remand the case to the trial court for it to order the appellants sentence on count V to run concurrently to the sentences for counts IV and VI. We reject the appellants separate argument that he was entitled to a judgment of acquittal.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

Roberts, Ray, and Winsor, JJ., concur.