PENA v. STATE

No. 93-01609.

619 So.2d 435 (1993)

Isidro Santiago PENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 4, 1993.


HALL, Judge.

Isidro Santiago Pena appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that the trial court improperly imposed consecutive three year mandatory minimum sentences for use of a firearm when sentencing him for second degree murder and aggravated battery. We agree.

The surviving victim testified at Pena's trial that just a second passed between Pena's hitting...

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