ACKER v. STATE

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Brandon Lovice ACKER, Appellant, v. STATE of Florida, Appellee.

No. 1D14–5196.

Decided: June 28, 2016

Nancy A. Daniels, Public Defender, Glen P. Gifford, Assistant Public Defender, David A. Henson, Assistant Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Robert Lee, Assistant Attorney General, and Matthew Pavese, Assistant Attorney General, Tallahassee, for Appellee.

Appellant was convicted of first-degree murder, attempted first-degree murder, and possession of a firearm by a convicted felon. He appeals his convictions and sentence. We affirm the convictions without discussion, but we reverse and remand for resentencing consistent with Williams v. State, 186 So.3d 989 (Fla.2016).

At the time of sentencing, the trial court was bound by this Court's decision in Walton v. State, 106 So.3d 522 (Fla. 1st DCA 2013) (en banc), review granted, 145 So.3d 830 (Fla.2014). The parties agreed below that under Walton, the trial court was obligated to impose consecutive sentences. Here, they argued about whether this Court should reconsider Walton.

While this appeal was pending, though, the Florida Supreme Court decided Williams v. State, holding that when “multiple firearm offenses are committed contemporaneously, during which time multiple victims are shot at, then consecutive sentencing is permissible but not mandatory.” 186 So.3d at 993 (emphasis added). Now, “a trial judge has discretion to order the mandatory minimum sentences to run consecutively, but may impose the sentences concurrently.” Id.

Accordingly, while we affirm the convictions, we remand for a new sentencing consistent with Williams, during which the trial court may determine whether appellant's sentences for counts I and III should be consecutive or concurrent.

AFFIRMED in part; REVERSED and REMANDED in part.

PER CURIAM.

WOLF, WINOKUR, and WINSOR, JJ., concur.