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Sentencing 10-20-Life statute

Posted by John P. Rutkowski | May 08, 2019 | 0 Comments

Criminal law -- Insanity -- Evidence -- Experts -- Sentencing -- 10-20-Life statute -- Consecutive sentences -- Minimum mandatory -- Defendant convicted of multiple counts of aggravated assault stemming from an incident in which defendant fired a single gunshot into the air in the presence of multiple victims with no physical injuries. Section 916.115(1)(a) did not preclude state's expert, who was not a psychiatrist, licensed psychologist, or physician, from testifying about defendant's sanity at trial. Trial court did not abuse its discretion in determining that state's expert was qualified to testify. Defendant's consecutive sentences under 10-20-Life statute were illegal because, although a firearm was discharged and there were multiple victims, there were no distinct acts to effect bifurcation of the crimes for stacking purposes where each victim was victimized by the same single gunshot.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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