VICTOR MONTESINO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
VICTOR MONTESINO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
640 So. 2d 1196
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We find no error in the sole point directed to the convictions entered below. See Nacher v. State, 465 So. 2d 598 (Fla. 3d DCA1985). As the state concedes, however, it was improper to impose consecutive habitual offender sentences for offenses committed in the same criminal episode. See Hale v. State, 630 So. 2d 521 (Fla.1993). Hence, after remand, those sentences shall be made concurrent.
Affirmed as modified.
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Citator
Cited By
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State v. Dilger, 643 So. 2d 91 (Fla. 3d DCA 1994)…PER CURIAM. The State appeals from an order discharging defendant based upon the expiration of the speedy trial period. We affirm based upon State v. Agee, 622 So. 2d 473 (Fla.1993); Garrett v. State, 640 So. 2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 977 (table) (Fla.1994). As we did in Garrett…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Diosdado Nacher v. State, 465 So. 2d 598 (Fla. 3d DCA 1985)