          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-4186
                  _____________________________

WILLIAM JARVIS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Duval County.
Marianne L. Aho, Judge.

                           June 7, 2019


PER CURIAM.

     In 2003, Appellant William Jarvis was convicted of first-
degree murder, first-degree arson, and two counts of placing a
bomb causing injury. He received multiple, consecutive life
sentences. According to his subsequent rule 3.800(a) motion, all
charges related to a single criminal episode, in which a single bomb
killed one and injured two others. He contends that because there
was only a single bomb, consecutive sentences were improper.

     In McGouirk v. State, the Florida Supreme Court found “the
imposition of consecutive mandatory minimums arising from the
single criminal act of placing the bomb improper.” 493 So. 2d 1016,
1017 (Fla. 1986) (citing Palmer v. State, 438 So. 2d 1 (Fla. 1983);
State v. Ames, 467 So. 2d 994 (Fla. 1985)). Thus, if Jarvis’s
convictions all flowed from “the single criminal act of placing the
bomb,” the mandatory minimum portions of his sentences should
not have been consecutive. But it is not clear from the charging
document or the verdict form (both attached to the trial court’s
order) that there was just a single act. Jarvis has thus not
demonstrated entitlement to relief under rule 3.800(a). See
Theophile v. State, 967 So. 2d 948, 949 (Fla. 1st DCA 2007) (noting
facial invalidity of 3.800 motion that did not cite “to facts
established in the trial transcript or otherwise apparent on the
face of the record”). We therefore affirm, but we do so “without
prejudice to Appellant’s ability to file a properly pled rule 3.800(a)
motion in the trial court.” See id.

    AFFIRMED.

ROBERTS, RAY, and WINSOR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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William Mallory Kent, Jacksonville, for Appellant.

Ashley Moody, Attorney General, and Amanda Stokes and
Jennifer J. Moore, Assistant Attorneys General, Tallahassee, for
Appellee.




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