Crenshaw v. State

620 So. 2d 1288, 1993 Fla. App. LEXIS 5223, 1993 WL 152430

Opinion

LETTS, Judge.

The issues warranting discussion concern the defendant’s sentence. The trial court sentenced the defendant to two three year mandatory-minimum sentences. Pursuant to section 775.087(2), Florida Statutes (1991), consecutive mandatory-minimum sentences may not be imposed for offenses arising out of a single criminal episode. Palmer v. State, 438 So.2d 1 (Fla.1983). We, therefore, vacate that portion of the sentence for the aggravated battery which requires the defendant to serve a three year mandatory-minimum term consecutively with the three year mandatory-minimum imposed for the robbery. Moreover, the trial court should strike from the probation order the requirement that the defendant obtain his G.E.D. as a probation condition because, in fact, he had already graduated from high school.

In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, C.J., and GUNTHER, JJ., concur.