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732 So. 2d 333

Sapp v. State

District Court of Appeal of Florida

Decided October 7, 1998

District Court of Appeal of Florida · decided 1998-10-07

Cited by 1 later decisions — most recently June 2001

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1998-10-07

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PER CURIAM.

¶1Appellant, Kenneth Sapp, was convicted by a jury of burglary of a conveyance and attempting to elude a law enforcement officer. The trial court sentenced him to consecutive terms of ten years on each charge as an habitual offender. We find that the sentences should not have been imposed consecutively, as the offenses arose out of a single criminal episode. See Hale v. *334State, 630 So.2d 521 (Fla.), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Accordingly, we affirm the convictions but reverse the sentences and remand this case to the trial court for resentencing in accordance with Hale.

¶2Affirmed in part, reversed in part, and remanded with instructions.

MINER and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, concur.
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