Carr v. State

District Court of Appeal of Florida

Carr v. State

673 So. 2d 189, 1996 Fla. App. LEXIS 5117, 1996 WL 252865

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1996

DocketNo. 95-2904

StatusPublished

This text of 673 So. 2d 189 (Carr v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carr v. State, 673 So. 2d 189, 1996 Fla. App. LEXIS 5117, 1996 WL 252865 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The points raised by the defendant attacking his conviction lack merit. However, as the State properly concedes, pursuant to Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the trial court improperly sentenced the defendant to a consecutive habitual offender sentence. Accordingly, the defendant’s conviction is affirmed, but his sentence is reversed and this cause is remanded to the trial court for resentencing.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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PER CURIAM.

The points raised by the defendant attacking his conviction lack merit. However, as the State properly concedes, pursuant to Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the trial court improperly sentenced the defendant to a consecutive habitual offender sentence. Accordingly, the defendant’s conviction is affirmed, but his sentence is reversed and this cause is remanded to the trial court for resentencing.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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673 So. 2d 189, 1996 Fla. App. LEXIS 5117, 1996 WL 252865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-state-fladistctapp-1996.

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