Public-domain · open source
OpenJurist

651 So. 2d 140

Parker v. State

District Court of Appeal of Florida

Decided February 15, 1995

District Court of Appeal of Florida · decided 1995-02-15

Cited by 3 later decisions — most recently January 1996

3 state decisions

Relies on Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State · Hill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-15

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant, John Parker, appeals his sentence and conviction for fraudulent use of a credit card and grand theft. We affirm the conviction. However, we reverse the imposition of consecutive habitual offender sentences, pursuant to the State’s proper confession of error.

¶2It is error for a trial court to sentence an individual to consecutive enhanced habitual offender sentences where the crimes arose from the same criminal incident. See Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Simmons v. State, 650 So.2d 126 (Fla. 3d DCA 1995); Hill v. State, 645 So.2d 90 (Fla. 3d DCA 1994). Accordingly, we vacate appellant’s sentence and remand with instructions to the trial court to impose concurrent sentences. Finally, we certify the same question framed in Hilland Simmonsto the supreme court.

¶3Affirmed in part; reversed and remanded in part; question certified.

/651/so2d/140 · .json · Public domain