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636 So. 2d 207

Walker v. State

District Court of Appeal of Florida · decided 1994-05-13

Cited by 2 later decisions — most recently February 1995

2 state decisions

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

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Decided 1994-05-13

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PER CURIAM.

¶1In this direct criminal appeal, appellant seeks review of both his convictions for attempted robbery and resisting a law enforcement officer with violence and the habitual felony offender sentences imposed for those offenses. He raises three issues: (1) whether the trial court committed reversible error when it denied his motion for a judgment of acquittal on the attempted robbery charge; (2) whether the trial court committed reversible error when it excluded proffered testimony; and (3) whether the trial court committed reversible error when it imposed consecutive habitual felony offender sentences for offenses committed in a single criminal episode. Finding the first two issues to be without merit, we affirm appellant’s convictions without discussion. However, we are constrained to reverse the imposition of consecutive habitual felony offender sentences.

¶2Both offenses of which appellant was convicted arose out of a single criminal episode. The state concedes as much. Accordingly, in light of Hale v. State, 630 So.2d 521 (Fla.1993), which was decided after appellant had been sentenced, it was error both to enhance appellant’s sentences by use of the habitual felony offender law and to impose the sentences for the two offenses consecutively.

¶3We affirm appellant’s convictions. However, we reverse his sentences and remand with directions that the two sentences be imposed to run concurrently.

¶4AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

MINER, WEBSTER and DAVIS, JJ., concur.
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