Swanigan v. State, 57 So. 3d 989 (Fla. 5th DCA 2011). · Go Syfert
Swanigan v. State, 57 So. 3d 989 (Fla. 5th DCA 2011). Cases Citing This Book View Copy Cite
Quick Summary

Consecutive minimum mandatory sentences are improper for offenses committed during a single criminal episode unless the defendant discharges a firearm and injures multiple victims or causes multiple injuries.

The defendant is convicted of multiple offenses, including possession of a firearm by a convicted felon, arising from a single criminal episode involving a home invasion and shooting. The trial court imposes consecutive minimum mandatory sentences for these offenses. The appellate court examines whether consecutive sentencing is appropriate under Florida law for offenses committed during a single criminal episode. The court applies the rule that consecutive minimum mandatory sentences are improper unless the defendant discharges a firearm and injures multiple victims or causes multiple injuries to one victim. Because the defendant did not meet these specific injury criteria, the court finds the consecutive sentence for the firearm possession charge erroneous and vacates it, remanding for the imposition of a concurrent sentence.

12 citation events (12 in the last 25 years) across 1 distinct court.
Cited for
At page 990 Improper consecutive sentencing for single criminal episode3 citing cases“there is no authority for imposition of a consecutive sentence for the conviction of possession of a firearm by a convicted felon in the course of the single criminal episode.”1 citing court quotes it
  • Kyle Z. Gullo v. State of Florida, 383 So. 3d 875 (Fla. 5th DCA 2024).published
    In Swanigan v. State, 57 So. 3d 989, 990 (Fla. 5th DCA 2011), the appellant and an accomplice burst into a home looking for money, kicking and hitting one person and then shooting a second person.
  • Michael J. Martin v. State of Florida, 190 So. 3d 252 (Fla. 1st DCA 2016).published
    “attempted ■ second-degree murder with a firearm (count I), burglary of a dwelling (count II), aggravated battery with a firearm (count III), simple battery (count IV), and possession of a firearm by a convicted felon (c…”
  • Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011).published
    See Swanigan v. State, 57 So.3d 989, 990 (Fla. 5th DCA 2011).
Retrieving the full opinion text from the archive…
Laq Lamar SWANIGAN
v.
STATE of Florida
No. 5D09-1203.
District Court of Appeal of Florida, Fifth District.
Apr 1, 2011.
Published opinion
57 So. 3d 989
2011 Fla. App. LEXIS 4653
2011 WL 1195791
James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
Griffin, Lawson, Orfinger.
Cited by 4 opinions  |  Published
PER CURIAM.

Appellant, LaQ Lamar Swanigan [“Appellant”] appeals his judgment and sentences after he was found guilty, by a[*990] jury of attempted second-degree murder with a firearm (count I), burglary of a dwelling (count II), aggravated battery with a firearm (count III), simple battery (count IV), and possession of a firearm by a convicted felon (count V). Appellant raises several issues on appeal; however, we find error in only one. We agree that imposition of a consecutive sentence for count V was error.

Section 775.087(2), Florida Statutes (2007) governs the imposition of sentences for specified offenses that involve the use of a firearm. Included among those crimes is possession of a firearm by a convicted felon. See § 775.087(2)(a)l.r., Fla. Stat. (2008). In this case, the Appellant and an accomplice burst into a home, looking for money, kicking and hitting one person and then shooting a second person.

The general rule that has emerged from a series of decisions rendered by the Florida Supreme Court is that the imposition of consecutive minimum mandatory sentences under section 775.087(2), Florida Statutes (2008), is improper where the offenses occurred during a single criminal episode unless the defendant discharges the firearm and injures multiple victims or causes multiple injuries to one victim. Valentin v. State, 963 So.2d 317, 319-20 (Fla. 5th DCA 2007) (citing State v. Christian, 692 So.2d 889 (Fla.1997); State v. Thomas, 487 So.2d 1043 (Fla.1986); Palmer v. State, 438 So.2d 1 (Fla.1983)).

In Irizarry v. State, 946 So.2d 555 (Fla. 5th DCA 2006), this Court determined that State v. Sousa, 903 So.2d 923 (Fla.2005), made clear that Christian and Thomas still apply in determining when minimum mandatory sentences for 10-20-life offenses may be consecutively imposed. Applying the principles enunciated in those cases to the facts in Irizarry, this Court concluded that each of Irizarry’s offenses was a 10-20-life offense, that each offense arose from a single criminal episode, and that during this criminal episode, Irizarry did not injure multiple victims or cause multiple injuries to any one victim. Nor did Irizarry fire his weapon. As a result, the consecutively imposed sentences were reversed. 946 So.2d at 558. Similarly, in this case, there is no authority for imposition of a consecutive sentence for the conviction of possession of a firearm by a convicted felon in the course of the single criminal episode. We accordingly vacate this sentence and remand for imposition of a concurrent sentence.

AFFIRMED in part; REVERSED in part; and REMANDED.

GRIFFIN, ORFINGER and LAWSON, JJ., concur.