Public-domain · open source
OpenJurist

924 So. 2d 987

Heath v. State

District Court of Appeal of Florida · decided 2006-04-12

Cited by 2 later decisions — most recently June 2010

2 state decisions

Relies on 630 So. 2d 521 - Hale v. State · Kiedrowski v. State · 883 So. 2d 908 - Rodriguez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-04-12

View the full empirical analysis of this case →

LaROSE, Judge.

¶1Joseph L. Heath appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing.

¶2A jury convicted Mr. Heath of battery on a law enforcement officer and obstructing an officer with violence. He was sentenced as a violent career criminal to fifteen years in prison, with a ten-year mandatory minimum, for the obstruction charge. He received a consecutive five-year prison term for the battery charge. Mr. Heath argues that the sentences are illegal because the charges arise from a single criminal episode. See Hale v. State, 630 So.2d 521, 524-25 (Fla.1993). The State agrees and concedes that Mr. Heath should be resentenced in accordance with Rodriguez v. State, 883 So.2d 908 (Fla. 2d DCA 2004), and Kiedrowski v. State, 876 So.2d 692 (Fla. 1st DCA 2004). Accordingly, we reverse the post-conviction court’s order summarily denying Mr. Heath’s rule 3.800(a) motion and remand for resentencing.

¶3Reversed and remanded for resentenc-ing.

ALTENBERND and WALLACE, JJ., Concur.
/924/so2d/987 · .json · Public domain