FRUEHWIRTH v. STATE (2020)

Appellant, Daniel William Fruehwirth, appeals his sentences for burglary with assault or battery therein, felony battery, and false imprisonment. Appellant argues the trial court erred when it imposed the lowest permissible sentence (LPS) for his felony battery (Count II) and false imprisonment (Count III) convictions because the LPS exceeds the statutory maximum for those offenses. This Court recently addressed the precise issue raised by Appellant in Gabriel v. State, 44 Fla. L. Weekly D2913, ––– So.3d ––––, 2019 WL 6621255 (Fla. 5th DCA Dec. 6, 2019) (holding that pursuant to criminal punishment code, LPS should be imposed only if it exceeds collective statutory maximum, not each individual statutory maximum). Because we are bound by this Court’s prior panel decisions, we reverse the sentences imposed on Counts II and III and remand for resentencing consistent with Gabriel.

In addition, as this Court did in Gabriel, we certify conflict with Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019), and 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, AN INDIVIDUAL MINIMUM SENTENCE AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE THERE ARE MULTIPLE CONVICTIONS SUBJECT TO SENTENCING ON A SINGLE SCORESHEET?

AFFIRMED in part; REVERSED in part; REMANDED; CONFLICT CERTIFIED and QUESTION CERTIFIED.

PER CURIAM.

EDWARDS, SASSO and TRAVER, JJ., concur.