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Tolbert v. State

District Court of Appeal of Florida, Fourth District.
Feb 1, 2017
211 So. 3d 126 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D15–3926

02-01-2017

Marcus Melendez TOLBERT, Appellant, v. STATE of Florida, Appellee.

Joshua LeRoy of LeRoy Law, PA, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.


Joshua LeRoy of LeRoy Law, PA, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Marcus Tolbert appeals the judgment and sentences imposed after a jury found him guilty of three counts of robbery with a deadly weapon. He argues that the trial court committed fundamental error when it gave a standard jury instruction and relied on allegedly improper sentencing considerations. We find these arguments to be without merit and we affirm the convictions.

However, we reverse and remand for resentencing. The state acknowledges that the trial court erred in imposing consecutive mandatory minimum sentences pursuant to section 775.087(2)(d), Florida Statutes (2012), since there was no finding that the weapon was discharged, and the offenses arose out of the same criminal episode. See Williams v. State , 186 So.3d 989, 993 (Fla. 2016). Based on this error, we reverse and remand for resentencing.

Affirmed in part, reversed in part, and remanded for resentencing.

CIKLIN , C.J., TAYLOR and FORST , JJ., concur.


Summaries of

Tolbert v. State

District Court of Appeal of Florida, Fourth District.
Feb 1, 2017
211 So. 3d 126 (Fla. Dist. Ct. App. 2017)
Case details for

Tolbert v. State

Case Details

Full title:Marcus Melendez TOLBERT, Appellant, v. STATE of Florida, Appellee.

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

Date published: Feb 1, 2017

Citations

211 So. 3d 126 (Fla. Dist. Ct. App. 2017)