TREADWAY v. STATE (2020)

District Court of Appeal of Florida, Second District.

Franklin TREADWAY, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-850

Decided: March 06, 2020

Howard L. Dimmig, II, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.

Consistent with Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019), we affirm the trial court's order denying Franklin Treadway's second motion for relief pursuant to rule 3.800(b)(2), Florida Rules of Criminal Procedure. In doing so, we certify conflict with the Fifth District's decision in Gabriel v. State, 44 Fla. L. Weekly D2913, ––– So.3d ––––, 2019 WL 6621255 (Fla. 5th DCA Dec. 6, 2019), and again certify the following question as one of great public importance:

IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED BY AND APPLIED IN SECTION 921.0024(2), FLORIDA STATUTES (2017), AN INDIVIDUAL MINIMUM SENTENCE AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE THERE ARE MULTIPLE CONVICTIONS SUBJECT TO SENTENCING ON A SINGLE SCORESHEET?

Affirmed; conflict certified; question certified.

PER CURIAM.

KHOUZAM, C.J., and ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.

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