IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CEDRIC TATE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-2357
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed June 28, 2016.
An appeal from the Circuit Court for Duval County.
Angela Cox, Judge.
Nancy A. Daniels, Public Defender, Barbara J. Busharis, Assistant Public Defender,
for Appellant.
Pamela Jo Bondi, Attorney General, Quentin Humphrey, Assistant Attorney
General, for Appellee.
PER CURIAM.
Appellant, Cedric Tate, challenges his judgment and two consecutive
mandatory minimum sentences for one count of second degree murder and one count
of a convicted felon in possession of a firearm, arising from a single criminal
episode. We affirm the conviction without comment, but reverse the sentences
pursuant to Williams v. State, 186 So. 3d 989 (Fla. 2016).
At Appellant’s sentencing hearing the trial court imposed mandatory
minimum sentences under the 10-20-Life statute, as required under then-controlling
decisions. However, the Florida Supreme Court in Williams held that consecutive
sentences under section 775.087(2)(d) for offenses committed contemporaneously
are permissible but not mandatory. Thus, because the trial court believed it could not
exercise discretion in imposing consecutive mandatory minimum terms, we reverse
Appellant’s sentences and remand for resentencing.
AFFIRMED in part; REVERSED and REMANDED in part.
RAY, MAKAR, JJ., and DAVIS, WILLIAM, ASSOCIATE JUDGE, concur.
2
Cedric Tate v. State of Florida
Combined Opinion