GOENS v. STATE

Nos. AS-412, AU-44.

453 So.2d 97 (1984)

William Joseph GOENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 3, 1984.


Attorney(s) appearing for the Case

Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, and William Joseph Goens, pro se, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

Goens appeals from judgments of guilt of the crimes of attempted second degree murder and armed burglary. The only issue warranting discussion is whether his three year mandatory minimum sentences for using a firearm in the commission of both crimes should run consecutively. We agree these sentences should not run consecutively.

While Goens was burglarizing a closed business establishment, the owner, who lived nearby, approached the building...

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