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659 So. 2d 322

Hardee v. State

District Court of Appeal of Florida

Decided December 29, 1994

District Court of Appeal of Florida · decided 1994-12-29

Cited by 2 later decisions — most recently August 1996

2 state decisions

Key passage — most relied on by later courts

“f[ou]nd nothing in the language of the habitual offender statute which suggests that the legislature ... intended that, once sentences committed from multiple crimes committed during a single criminal episode have been enhanced through the habitual offender statutes, the total penalty should then be further increased by ordering that the sentences run consecutively.”

quoted by 1 later decision, including Spratling v. State

Relies on Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State · 630 So. 2d 527 - Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-29

View the full empirical analysis of this case →

LAWRENCE, Judge.

¶1Ronald Dujuan Hardee appeals his habitual offender sentences for burglary of a structure and dealing in stolen property. Of the issues raised on appeal, we reverse on one issue and affirm, without discussion, all remaining issues.

¶2Hardee was sentenced as an habitual felony offender to ten years imprisonment for burglary of a structure and thirty years imprisonment for dealing in stolen property, with the sentences to run consecutively. The State properly concedes that the trial court erred in imposing consecutive habitual offender sentences. Once the habitual offender statute is used to enhance the sentences for multiple crimes committed during a single criminal episode, the total penalty may *323not then be further increased by ordering the enhanced sentences to run consecutively. Hale v. State, 630 So.2d 521, 524 (Fla.1993), cert. denied, — U.S.—, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So.2d 527 (Fla.1993). We, therefore, reverse and remand for resentencing consistent with this opinion.

¶3AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.

MINER and BENTON, JJ., concur.
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