Holt v. State

District Court of Appeal of Florida

Holt v. State

695 So. 2d 795, 1997 Fla. App. LEXIS 4867, 1997 WL 216223

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 1997

DocketNo. 96-2100

StatusPublished

This text of 695 So. 2d 795 (Holt 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.

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Holt v. State, 695 So. 2d 795, 1997 Fla. App. LEXIS 4867, 1997 WL 216223 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The defendant was convicted by a jury of burglary and grand theft and sentenced as a habitual offender to consecutive terms of'five years on each charge. We find no error as to the convictions but we conclude that the habitual offender sentences should not have been imposed consecutively because the burglary and grand theft offenses arose out of a single criminal episode. Hale v. State, 630 So.2d 521 (Fla.1993). The convictions are affirmed but the sentences are reversed and the case is remanded to the trial court for resentencing according to Hale.

Affirmed in part and reversed in part.

MINER, ALLEN and PADOVANO, JJ., concur.

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PER CURIAM.

The defendant was convicted by a jury of burglary and grand theft and sentenced as a habitual offender to consecutive terms of'five years on each charge. We find no error as to the convictions but we conclude that the habitual offender sentences should not have been imposed consecutively because the burglary and grand theft offenses arose out of a single criminal episode. Hale v. State, 630 So.2d 521 (Fla.1993). The convictions are affirmed but the sentences are reversed and the case is remanded to the trial court for resentencing according to Hale.

Affirmed in part and reversed in part.

MINER, ALLEN and PADOVANO, JJ., concur.

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695 So. 2d 795, 1997 Fla. App. LEXIS 4867, 1997 WL 216223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-state-fladistctapp-1997.

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