BILLUPS v. STATE (2017)

Wylie BILLUPS, Appellant, v. STATE of Florida, Appellee.

No. 4D14–3130

Decided: June 21, 2017

Wylie Billups, Okeechobee, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

This court previously affirmed the denial of appellant's rule 3.800(a) motion with a citation to Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013), rev. granted 123 So. 3d 1148 (Fla. 2014). In part, his motion challenged the imposition of consecutive mandatory minimum sentences under section 775.087(2)(d), Florida Statutes (2008), the 10–20–Life statute. The Florida Supreme Court has 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). Because appellant's offenses arose from the same criminal episode and did not involve discharge of a firearm, consecutive mandatory minimum sentences were not permitted. Accordingly, we reverse and remand for resentencing consistent with the Florida Supreme Court decisions. The denial of appellant's remaining claims is affirmed.

Reversed and remanded.

Per Curiam.

Ciklin, C.j., Damoorgian and Klingensmith, JJ., concur.

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