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662 So. 2d 1361

Serrano v. State

District Court of Appeal of Florida

Decided November 22, 1995

District Court of Appeal of Florida · decided 1995-11-22

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

Good law ✅— No negative treatment on recordhow we know

Decided 1995-11-22

How this case has been cited

Cited by 9 later decisions — most recently August 2018

9 state decisions

40199520002010decided

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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PER CURIAM.

¶1This is an appeal by the defendant Ruben Serrano from a trial court order denying his motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a). We conclude, eon-trary to the defendant’s contention, that a sufficient predicate was laid by the state for the trial court to declare the defendant a habitual violent felony offender under Section 775.084(l)(b), (4)(b), Florida Statutes (1989). Upon the state’s confession of error, however, we conclude that it was illegal for the trial court to impose two consecutive habitual violent offender sentences of thirty years each on the two counts of aggravated battery for which the defendant was convicted, as only concurrent sentences were permissible in this case. State v. Callaway, 658 So.2d 983 (Fla.1995); Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994).

¶2The trial court order denying the defendant’s motion to correct an illegal sentence is reversed, and the cause is remanded to the trial court with directions to grant the subject motion and thereafter impose the sentences originally entered in all respects, except that the sentences imposed on the defendant’s two convictions shall run concurrently, rather than consecutively.

¶3Reversed and remanded.

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