John Henry Meador v. State of Florida , 2016 Fla. App. LEXIS 5541 ( 2016 )

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JOHN HENRY MEADOR, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-4314
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed April 12, 2016.
An appeal from the Circuit Court for Escambia County.
Michael Jones, Judge.
Nancy A. Daniels, Public Defender, and Danielle Jorden, Assistant Public Defender,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, John Henry Meador, raises two issues on appeal, challenging his
judgment and five consecutive mandatory minimum sentences for five counts of
aggravated assault with actual possession of a firearm, arising from a single criminal
episode. We affirm the first issue without comment, and write only to address
Meador’s assertion that the trial court erroneously determined it was required under
section 775.087(2)(d), Florida Statutes (2013), to impose the mandatory minimum
sentences consecutively.
On March 3, 2016, the Florida Supreme Court issued its opinion in Williams
v. State, 41 Fla. L. Weekly S73 (Fla. Mar. 3, 2016), addressing whether section
775.087(2)(d) requires consecutive sentences for offenses arising from a single
criminal episode. The court answered the question in the negative, holding that if
the defendant discharges the firearm, consecutive sentences are permissible but not
mandatory. Id. at S74. However, the court held that where a defendant does not
discharge the firearm, the mandatory minimum sentences must be imposed
concurrently. Id. Here, Meador was charged and convicted for five counts of
aggravated assault wherein he displayed, but did not discharge a firearm.
Accordingly, we are constrained to vacate Meador’s consecutive sentences and
remand for resentencing consistent with this opinion.
AFFIRMED in part, VACATED in part, and REMANDED.
WOLF, ROWE, and SWANSON, JJ., CONCUR.
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