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Thornquist v. State

District Court of Appeal of Florida, First District.
Aug 2, 2012
93 So. 3d 530 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D10–6571.

2012-08-2

Brian James THORNQUIST, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. Jefferson W. Morrow, Judge. Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Duval County. Jefferson W. Morrow, Judge.
Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

Appellant was convicted of three felonies arising out of a domestic dispute with his wife during which he discharged a firearm. We affirm Appellant's convictions without further comment, but reverse the 27–year minimum mandatory term imposed on Count 1 because, as the state properly concedes, section 775.087(2)(a) 2., Florida Statutes (2009), only permits a 20–year minimum mandatory term. On remand, the trial court shall correct the sentence for Count 1 to reflect a minimum mandatory term of only 20 years. Appellant's sentences are affirmed in all other respects.

JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part and REVERSED in part; REMANDED with directions.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.


Summaries of

Thornquist v. State

District Court of Appeal of Florida, First District.
Aug 2, 2012
93 So. 3d 530 (Fla. Dist. Ct. App. 2012)
Case details for

Thornquist v. State

Case Details

Full title:Brian James THORNQUIST, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Aug 2, 2012

Citations

93 So. 3d 530 (Fla. Dist. Ct. App. 2012)