Opinion
No. 93-1434.
September 22, 1994.
Appeal from the Circuit Court, Liberty County, Charles McClure, J.
Nancy A. Daniels, Public Defender, Nada M. Carey, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., for appellee.
Appellant Leroy Jones challenges the stacking of four consecutive three-year mandatory minimum sentences on four convictions for aggravated assault with a firearm. He contends that the court, pursuant to Palmer v. State, 438 So.2d 1 (Fla. 1983), and its progeny, cannot impose consecutive mandatory minimum sentences under section 775.087(2), Florida Statutes, for use of a firearm for offenses arising out of a continuous temporal sequence at the same location. Case law compels reversal of appellant's four consecutive three-year mandatory minimum sentences. We remand with directions to the trial court to impose concurrent sentences. Palmer v. State, 530 So.2d 282 (Fla. 1988); Daniels v. State, 466 So.2d 1262 (Fla. 1985); State v. Ames, 467 So.2d 994 (Fla. 1985); Wilson v. State, 467 So.2d 996 (Fla. 1985); Young v. State, 631 So.2d 372 (Fla. 2d DCA 1994); Weatherspoon v. State, 624 So.2d 405 (Fla. 2d DCA 1993); Ferrell v. State, 610 So.2d 654 (Fla. 1st DCA 1992); Gloster v. State, 568 So.2d 1318 (Fla. 2d DCA 1990); Gardner v. State, 515 So.2d 408 (Fla. 1st DCA 1987). Appellant need not be present at resentencing.
REVERSED and REMANDED with directions.
KAHN, MICKLE and VAN NORTWICK, JJ., concur.