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Milton v. State

District Court of Appeal of Florida, Third District
Apr 30, 1985
467 So. 2d 837 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-709.

April 30, 1985.

An appeal from Circuit Court, Dade County; Maria M. Korvick, Judge.

Johnny T. Milton, in pro. per.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.


The defendant appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that only one of the defendant's points merits discussion and reversal. It is argued by the defendant that the lower court improperly imposed four consecutive three-year minimum mandatory sentences. See Palmer v. State, 438 So.2d 1 (Fla. 1983). This court cannot determine on the record before us whether or not the convictions involved here arose out of the same criminal transaction. Accordingly, we reverse and remand this matter to the trial court for the purpose of attaching portions of the record which would demonstrate that the dictates of Palmer have been complied with, or to modify the consecutive minimum mandatory sentences to conform to the law as announced in Palmer if necessary.

Reversed and remanded.


Summaries of

Milton v. State

District Court of Appeal of Florida, Third District
Apr 30, 1985
467 So. 2d 837 (Fla. Dist. Ct. App. 1985)
Case details for

Milton v. State

Case Details

Full title:JOHNNY T. MILTON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1985

Citations

467 So. 2d 837 (Fla. Dist. Ct. App. 1985)