Public-domain · open source
OpenJurist

698 So. 2d 379

Chancey v. State

District Court of Appeal of Florida

Decided August 27, 1997

District Court of Appeal of Florida · decided 1997-08-27

Relies on Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State · 660 So. 2d 1384 - Ratcliffe v. State

Decided 1997-08-27

CAMPBELL, Acting Chief Judge.

¶1Appellant, convicted of aggravated battery on a law enforcement officer, escape, battery on a law enforcement officer and resisting with violence, challenges his convictions and sentences. While we find no merit in appél-lant’s challenges to his convictions, we do find error in his sentencing and, accordingly, reverse and remand his sentences with instructions that appellant’s sentences be ordered to be served concurrently.

¶2Appellant was sentenced to two consecutive habitual offender sentences for a single criminal episode. This is improper under Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994) and State v. Hill, 660 So.2d 1384 (Fla.1995).

¶3Accordingly, we affirm appellant s convictions, but reverse his sentences and remand with instructions that his sentences be ordered to be served concurrently.

PATTERSON and FULMER, JJ., concur.
/698/so2d/379 · .json · Public domain