Rhodes v. State

District Court of Appeal of Florida

Rhodes v. State

652 So. 2d 1223, 1995 Fla. App. LEXIS 3461, 1995 WL 143801

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 1995

DocketNo. 94-00719

StatusPublished

This text of 652 So. 2d 1223 (Rhodes 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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Rhodes v. State, 652 So. 2d 1223, 1995 Fla. App. LEXIS 3461, 1995 WL 143801 (Fla. Ct. App. 1995).

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Opinion

THREADGILL, Judge.

Appellant Rhodes challenges the imposition of consecutive habitual offender sentences for delivery and possession of a single piece of cocaine. On the authority of Hale v. State, 630 So.2d 521 (Fla.1993), we reverse and remand for imposition of concurrent sentences.

We find no merit in the appellant’s argument that his presence at his trial in jail blues was fundamental error. We decline to address the claim of ineffective assistance of counsel based on that point. We affirm the appellant’s conviction, reverse his sentences and remand for correction consistent with this opinion. The appellant need not be present at resentencing.

Convictions affirmed; sentences reversed and remanded.

DANAHY, A.C.J., and WHATLEY, J., concur.

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