Chancey v. State

District Court of Appeal of Florida

Chancey v. State

698 So. 2d 379, 1997 Fla. App. LEXIS 9708, 1997 WL 525593

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1997

DocketNo. 96-00588

StatusPublished

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Chancey v. State, 698 So. 2d 379, 1997 Fla. App. LEXIS 9708, 1997 WL 525593 (Fla. Ct. App. 1997).

Pincite

Opinion

CAMPBELL, Acting Chief Judge.

Appellant, convicted of aggravated battery on a law enforcement officer, escape, battery on a law enforcement officer and resisting with violence, challenges his convictions and sentences. While we find no merit in appél-lant’s challenges to his convictions, we do find error in his sentencing and, accordingly, reverse and remand his sentences with instructions that appellant’s sentences be ordered to be served concurrently.

Appellant was sentenced to two consecutive habitual offender sentences for a single criminal episode. This is improper under Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994) and State v. Hill, 660 So.2d 1384 (Fla.1995).

Accordingly, we affirm appellant s convictions, but reverse his sentences and remand with instructions that his sentences be ordered to be served concurrently.

PATTERSON and FULMER, JJ., concur.

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