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760 So. 2d 239

Docket No. 4D99-1559.

Philmore v. State

Lenard PHILMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2000-05-24

Cited by 12 later decisions — most recently April 2015

12 state decisions

Key passage — most relied on by later courts

“once the sentences for multiple crimes committed during a single criminal episode have been enhanced, then the total penalty may not be further increased by ordering that they run consecutively”

quoted by 1 later decision, including 876 So. 2d 658 - Gonzalez v. State

Relies on 630 So. 2d 521 - Hale v. State · Knight v. State · 761 So. 2d 324 - Thompson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-05-24

View the full empirical analysis of this case →

¶1Robert S. Gershman of Gershman & Goldstein, P.A., West Palm Beach, for appellant.

¶2*240 Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant, Lenard Philmore, appeals from his convictions and sentences for attempted first degree murder with a firearm and burglary of an occupied structure with a firearm. We affirm the trial court's denial of Philmore's motion to suppress and affirm his sentences under section 775.082(8), Florida Statutes (1997), which this court has found to be constitutional. See Smith v. State,753 So.2d 575 (Fla. 4th DCA 1999); Adams v. State,750 So.2d 659 (Fla. 4th DCA 1999); Rollinson v. State,743 So.2d 585 (Fla. 4th DCA 1999), review granted, No. SC96713, 761 So.2d 331 (Fla. Apr.12, 2000); Young v. State,719 So.2d 1010 (Fla. 4th DCA 1998), review denied,727 So.2d 915 (Fla.1999).

¶5On his two convictions Philmore was sentenced under the Prison Releasee Reoffender Act to two life terms to run consecutively. Philmore asserts and the state concedes that the consecutive sentences were error. In Hale v. State,630 So.2d 521 (Fla.1993), the supreme court held that once the sentences for multiple crimes committed during a single criminal episode have been enhanced, then the total penalty may not be further increased by ordering that they run consecutively. As Philmore's sentence was enhanced under the Prison Releasee Reoffender Act, his sentences should run concurrently. We remand to the trial court to correct the sentence.

¶6AFFIRMED IN PART AND REMAND FOR CORRECTION OF SENTENCE.

¶7KLEIN, STEVENSON and HAZOURI, JJ., concur.

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