JEFF AUSTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEFF AUSTIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
625 So. 2d 1316
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm, except that it is impermissible to impose consecutive mandatory minimum terms on a violent habitual felony offender where the offenses arose from the same criminal episode. Daniels v. State, 595 So. 2d 952 (Fla.1992). Further, the state concedes error. We reverse this aspect and remand for resentencing to correct the error. AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Howard v. State, 648 So. 2d 1250 (Fla. 4th DCA 1995)…ther hold that the trial court erred when it imposed consecutive mandatory minimum sentences pursuant to section 775.084(4)(b), Florida Statutes (1989), the habitual offender statute. See Daniels v. State, 595 So. 2d 952 (Fla.1992); Austin v. State, 625 So. 2d 1316 (Fla. 4th DCA 1993). Appellant also correctly argues that the trial court erred when it failed to sentence him in accord with its pronouncement of sentence. Although the trial court stated in open court that it would sentence appellant as a habitu…
Authorities Cited
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)