ELSPERMAN v. STATE

No. 1D16-2028.

201 So.3d 1247 (2016)

Gene Anthony ELSPERMAN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

October 25, 2016.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Glenna Joyce Reeves and Steven L. Seliger , Assistant Public Defenders, Tallahassee, for Petitioner.

Pamela Jo Bondi , Attorney General, and Virginia Harris , Assistant Attorney General, Tallahassee, for Respondent.


Petitioner was convicted of two counts of aggravated assault with a firearm and because the trial court believed that it was statutorily mandated to do so, it imposed consecutive 20-year minimum mandatory sentences for each offense. On direct appeal, petitioner's appellate counsel argued that the trial court had the discretion to impose the...

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