IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
AHMAD GARY SHEAFFERS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-3949
STATE OF FLORIDA,
Appellee.
____________________________/
Opinion filed September 19, 2016.
An appeal from the Circuit Court for Escambia County.
Ross M. Goodman, Judge.
Nancy A. Daniels, Public Defender, M. J. Lord, Assistant Public Defender,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Robert Quentin Humphrey, Assistant
Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant was convicted of one count of shooting at, into or within a
building; one count of shooting or discharging a firearm from a vehicle; and two
counts of aggravated assault by threat with firearm. As to the aggravated assaults,
the jury found beyond a reasonable doubt that Appellant actually fired shots at both
victims. At the time Appellant was sentenced, prevailing case law required the
trial court to impose consecutively the two 20-year mandatory minimums for the
aggravated assaults.
Appellant does not challenge his convictions on appeal, but instead raises
the issue of whether the mandatory portions of his sentence were required to be
imposed consecutively. While this appeal was pending, the Florida Supreme Court
released its opinion in 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 989, 993 (Fla. 2016). The supreme court reasoned that whether to impose
sentences arising from the same criminal episode consecutively or concurrently
was well within the sentencing judge’s traditional discretionary function. Id.
Accordingly, while we affirm Appellant’s convictions, we reverse and
remand for resentencing consistent with the direction set out in Williams.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF, B.L. THOMAS, and OSTERHAUS, JJ., CONCUR.
2