SMITH v. STATE

No. 83-1612.

466 So.2d 1274 (1985)

Todd SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


PER CURIAM.

The defendant contends on appeal that the trial court erred in sentencing him to three consecutive three-year minimum mandatory sentences for use of a firearm in the commission of two robberies and a kidnapping, all of which occurred in the same transaction. We agree.

The supreme court has prohibited the stacking of multiple consecutive three-year minimum mandatory sentences upon conviction of separate offenses arising out of the same criminal...

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