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Jordan v. State

Florida Court of Appeals, Third District

December 20, 2017

William Shaun Jordan, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. 96-5184, Victoria R. Brennan, Judge.

          William Shaun Jordan, in proper person.

          Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

          Before SUAREZ, LAGOA, and SCALES, JJ.

          LAGOA, J.

         William Shaun Jordan ("Jordan") appeals the denial of his third Rule 3.800(a) post-conviction motion arguing that his sentences are illegal because of the "stacking" of his three mandatory minimum sentences. For the reasons stated below, we affirm.

         I. PROCEDURAL HISTORY

         In 1996, during a drug sweep in South Miami Heights, Jordan used a firearm against one police officer and brandished it against two others. Jordan was charged with one count of attempted first degree murder of a law enforcement officer and two counts of aggravated assault on two different law enforcement officers. Following trial, Jordan was convicted of: (1) attempted second-degree murder of a law enforcement officer with a firearm (upon Officer Macken); (2) aggravated assault of a law enforcement officer with a firearm (upon Sergeant Gallagher); and (3) aggravated assault of a law enforcement officer with a firearm (upon Officer Guerrier).

         The trial court sentenced Jordan to thirty years in prison on the attempted second-degree murder conviction (Macken), a consecutive five years in prison on the aggravated assault (Gallagher), and another consecutive five years in prison on the aggravated assault (Guerrier), for a total of forty years. Each conviction carried a three-year firearm minimum mandatory sentence to run consecutively, thereby, "stacking" to a nine-year minimum sentence.

         On March 10, 2015, Jordan filed a motion (through counsel)[1] to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).[2] Jordan contended that the stacking of the minimum mandatory portions of the three sentences was impermissible because the evidence did not show that each use of the firearm by Jordan was a separate transaction or episode. The motion was summarily denied by the trial court in its order. That order was timely appealed to this Court, and this Court reversed, as we could not "determine from the record provided whether the consecutive three-year mandatory minimum sentences for multiple counts of aggravated assault with a firearm were allegedly committed during a single criminal episode and whether such sentences are illegal." Jordan v. State, 182 So.3d 819, 821 (Fla. 3d DCA 2016). This Court remanded "for the [trial] court to conduct any further hearing as necessary or to enter an order with record attachments conclusively establishing Jordan is not entitled to relief." Id.

         On remand, on March 15, 2016, the trial court entered a detailed order denying Jordan's motion for post-conviction relief, and attached portions of the record conclusively establishing that Jordan was not entitled to relief. This appeal ensued.[3]

         II. ANALYSIS

         On appeal, Jordan argues the same issue raised in his March 10, 2015, motion, namely whether the "stacking" of mandatory minimum sentences is permitted under the circumstances of this case. The answer turns on whether the incidents in the instant case consisted of separate criminal episodes, or alternatively, if a single criminal episode, the incidents caused injury to multiple ...


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