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Brian James THORNQUIST, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-08-02No. No. 1D10-6571
93 So. 3d 530

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Opinion

majority opinion

PER CURIAM.

Appellant was convicted of three felonies arising out of a domestic dispute with his wife during which he discharged a firearm. We affirm Appellant’s convictions without further comment, but reverse the 27-year minimum mandatory term imposed on Count 1 because, as the state properly concedes, section 775.087(2)(a)2., Florida Statutes (2009), only permits a 20-year minimum mandatory term. On remand, the trial court shall correct the sentence for Count 1 to reflect a minimum mandatory term of only 20 years. Appellant’s sentences are affirmed in all other respects.

JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part and REVERSED in part; REMANDED with directions.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.