Rohbanni Wilson v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROHBANNI WILSON, NOT FINAL UNTIL TIME EXPIRES TO Appellant, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-2818 STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed May 2, 2017.

An appeal from the Circuit Court for Duval County. Mark J. Borello, Judge.

Andy Thomas, Public Defender, and Joanna Aurica Mauer, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Heather Flannigan Ross, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Rohbanni Wilson challenges his convictions and consecutive sentences for first-degree murder, armed robbery, and possession of a firearm by a convicted felon. We affirm the convictions without discussion, but vacate his sentences because the trial court believed, based on our prior precedent, that it could not *2 exercise discretion in imposing consecutive mandatory minimum terms pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life statute). Consistent with our decision in Burns v. State, 42 Fla. L. Weekly D690 (Fla. 1st DCA Mar. 23, 2017), we remand for reconsideration of the sentences in light of Williams v. State, 186 So. 3d 989 (Fla. 2016). In so ruling, we certify conflict with Torres–Rios v. State, 205 So. 3d 883 (Fla. 5th DCA 2016), as we did in Burns.

AFFIRMED in part, REVERSED in part, and REMANDED. RAY, KELSEY, and WINOKUR, JJ., CONCUR.