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654 So. 2d 1072

Thomas v. State

District Court of Appeal of Florida · decided 1995-06-07

Cited by 1 later decisions — most recently January 2001

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

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-07

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¶1CONFESSION OF ERROR

PER CURIAM.

¶2The State correctly concedes that the trial court erred in denying the defendant’s motion for postconviction relief because the defendant was sentenced to consecutive habitual offender sentences for two offenses arising out of a single criminal episode. See Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, - U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Henry v. State, 644 So.2d 571 (Fla.2d DCA 1994); Dietrich v. State, 635 So.2d 148 (Fla.2d DCA 1994). Accordingly, we reverse the defendant’s consecutive habitual felony offender sentences in case number 90-2400, and remand for resen-tencing.

¶3Reversed and remanded for resentencing.

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