Opinion
No. 95-2961.
February 12, 1997.
An Appeal from the Circuit Court, Dade County; Alan Gold and Carol R. Gersten, Judges.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
Peter Walton, the defendant, appeals his conviction and sentence for first degree murder and armed robbery. We affirm the conviction, however we reverse and remand for resentencing. As correctly asserted by the defendant, the trial court erred in ordering the minimum mandatory sentence imposed for the armed robbery charge to run consecutive to the minimum mandatory sentence imposed on the murder charge. See Boler v. State, 678 So.2d 319 (Fla. 1996).
Affirmed in part; reversed and remanded in part for resentencing.