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632 So. 2d 230

Gore v. State

District Court of Appeal of Florida

Decided February 18, 1994

District Court of Appeal of Florida · decided 1994-02-18

Relies on 630 So. 2d 521 - Hale v. State · Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-18

How this case has been cited

Cited by 14 later decisions — most recently July 2018

14 state decisions

70199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THREADGILL, Acting Chief Judge.

¶1The appellant was convicted of two counts of aggravated battery arising from the same criminal episode. He was sentenced as a habitual violent felony offender under section 775.084, Florida Statutes (1991), to two consecutive thirty-year terms with ten-year minimum mandatory terms on each, also to be served consecutively. The appellant challenges the sentences, arguing that the trial court erred in imposing consecutive terms.

¶2Daniels v. State, 595 So.2d 952 (Fla.1992), and Hale v. State, 630 So.2d 521 (Fla.1993), are controlling. Thus, once the appellant’s sentences were enhanced under the habitual felony offender statute, the total penalty should not have been further increased by the imposition of consecutive sentences.

¶3We therefore reverse and remand for the imposition of concurrent sentences.

¶4Reversed; remanded.

PATTERSON and ALTENBERND, JJ., concur.
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