DENSON v. STATE

Case No. 1D12-5794.

DALVIN LORENZO DENSON, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.


Attorney(s) appearing for the Case

Andy Thomas , Public Defender, Kathleen Stover , Assistant Public Defender, for Appellant.

Pamela Jo Bondi , Attorney General, Jennifer J. Moore , Assistant Attorney General, for Appellee.


ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

Dalvin Denson was convicted of two counts of attempted first-degree felony murder, one count of attempted armed robbery, and one count of carrying a concealed firearm. At the time of sentencing, the trial court followed then-controlling precedent from this court and imposed consecutive mandatory-minimum terms for the attempted murder and robbery convictions. On appeal, we affirmed the consecutive mandatory-minimum terms, relying in part on our decision in Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013) and the Fourth District's decision in Williams v. State, 125 So.3d 879 (Fla. 4th DCA 2013). The Florida Supreme Court subsequently quashed our decision and remanded for reconsideration in light of its decisions in Walton v. State, 208 So.3d 60 (Fla. 2016) and Williams v. State, 186 So.3d 989 (Fla. 2016). On remand, we now reverse Denson's consecutive sentences and remand so the trial court can exercise its discretion in determining whether the mandatory-minimum terms should be consecutive or concurrent. See Williams, 186 So. 3d at 994; Walton, 208 So. 3d at 64.

REVERSED and REMANDED for resentencing.

OSTERHAUS, WINOKUR, and WINSOR, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.


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