Franklin E. Treadway v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 6, 2020
Docket2D18-0850
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
FRANKLIN TREADWAY, )
)
Appellant, )
)
v. ) Case No. 2D18-850
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed March 6, 2020.
Appeal from the Circuit Court for Pasco
County; Susan G. Barthle, Judge.
Howard L. Dimmig, II, Public Defender,
and Matthew D. Bernstein, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Johnny T. Salgado,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
Consistent with Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019),
we affirm the trial court's order denying Franklin Treadway's second motion for relief
pursuant to rule 3.800(b)(2), Florida Rules of Criminal Procedure. In doing so, we
certify conflict with the Fifth District's decision in Gabriel v. State, 44 Fla. L. Weekly
D2913 (Fla. 5th DCA Dec. 6, 2019), and again certify the following question as one of
great public importance:
IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED
BY AND APPLIED IN SECTION 921.0024(2), FLORIDA
STATUTES (2017), AN INDIVIDUAL MINIMUM SENTENCE
AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE
THERE ARE MULTIPLE CONVICTIONS SUBJECT TO
SENTENCING ON A SINGLE SCORESHEET?
Affirmed; conflict certified; question certified.
KHOUZAM, C.J., and ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.
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