DUKES v. STATE (2017)

Joshua DUKES, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D15–4032

Decided: July 11, 2017

Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kathryn Lane, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING AND WRITTEN OPINION

On consideration of the motion for rehearing and written opinion, this Court grants, in part, the motion. We grant the motion solely with respect to Appellant's request for remand regarding resentencing. The record indicates the trial court may have felt constrained to impose the mandatory minimum sentences consecutively. Pursuant to Williams v. State, 186 So. 3d 989, 993 (Fla. 2016), where “multiple firearm offenses are committed contemporaneously, during which multiple victims are shot at, then consecutive sentencing is permissible but not mandatory.” (Emphasis added.) Accordingly, on remand the trial court is permitted to impose the same sentence but is not required to do so.

AFFIRMED in part, REVERSED in part, and REMANDED.

PER CURIUM.

B.L. THOMAS, C.J., WETHERELL, and M.K. THOMAS, JJ., CONCUR.

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