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773 So. 2d 109

Stovall v. State

District Court of Appeal of Florida

Decided December 15, 2000

District Court of Appeal of Florida · decided 2000-12-15

Cited by 1 later decisions — most recently February 2017

Relies on 750 So. 2d 643 - State v. Thompson · 708 So. 2d 617 - Maddox v. State · 660 So. 2d 1384 - Ratcliffe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-12-15

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HARRIS, J.

¶1On the initial appeal, we refused to consider certain alleged sentencing errors because of our holding in Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998). Because Maddoxwas reversed, these unresolved issues have been remanded to us for consideration. See Stovall v. State, 768 So.2d 444 (Fla.2000). Further, in the interim, the supreme court decided State v. Thompson, 750 So.2d 643 (Fla.1999), which must now be considered in deciding the propriety of the original sentence.

¶2We agree that it was error for the trial court to enter consecutive habitual offender sentences for crimes committed during the same criminal episode. See State v. Hill, 660 So.2d 1384 (Fla.1995). We also find the court erred in ordering consecutive three year minimum mandatory sentences for possession of a firearm on sentences for crimes committed during the same criminal episode. See Preyer v. State, 575 So.2d 748 (Fla. 5th DCA 1991). Finally, pursuant to Thompson, we find that it was error to impose habitual felony offender sentences on life felonies under chapter 95-182.

¶3We therefore reverse and remand for resentencing consistent with this opinion.

¶4REVERSED and REMANDED.

COBB and PLEUS, JJ., concur.
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