Date: 06-29-2016

Case Style: Brandon Lovice Acker vs State of Florida

Case Number: 14-5196

Judge: PER CURIAM

Court: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Plaintiff's Attorney: Pamela Jo Bondi, Attorney General, Robert Lee, Assistant Attorney General, and Matthew Pavese, Assistant Attorney General

Defendant's Attorney: Nancy A. Daniels, Public Defender, Glen P. Gifford, Assistant Public Defender, David A. Henson, Assistant Public Defender, and David A. Davis, Assistant Public Defender

Description: Appellant was convicted of first-degree murder, attempted first-degree
murder, and possession of a firearm by a convicted felon. He appeals his
convictions and sentence. We affirm the convictions without discussion, but we
reverse and remand for resentencing consistent with Williams v. State, 186 So. 3d
989 (Fla. 2016).
At the time of sentencing, the trial court was bound by this Court’s decision
in Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013) (en banc), review granted,
145 So. 3d 830 (Fla. 2014). The parties agreed below that under Walton, the trial
court was obligated to impose consecutive sentences. Here, they argued about
whether this Court should reconsider Walton.
While this appeal was pending, though, the Florida Supreme Court decided
Williams v. State, holding that when “multiple firearm offenses are committed
contemporaneously, during which time multiple victims are shot at, then
consecutive sentencing is permissible but not mandatory.” 186 So. 3d at 993
(emphasis added). Now, “a trial judge has discretion to order the mandatory
minimum sentences to run consecutively, but may impose the sentences
concurrently.”

Outcome:

Accordingly, while we affirm the convictions, we remand for a new
sentencing consistent with Williams, during which the trial court may determine whether appellant’s sentences for counts I and III should be consecutive or concurrent.