JOSEPH HENRY WASHAWITZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-10-17
No. 93-817
ZEHMER, C.J., and BOOTH and DAVIS, JJ., concur.
644 So. 2d 131 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We hold that the trial court erred in sentencing appellant, Joseph Washawitz, to consecutive sentences under section 775.084, Florida Statutes, the habitual offender statute. Brooks v. State, 630 So. 2d 527 (Fla.1993). Accordingly, we reverse and remand for the trial court to resentence appellant so that the 30-year sentence imposed on Count II runs concurrently with the two 10-year sentences imposed on Counts III and IV. All other aspects of appellant’s judgment and sentence are affirmed.

ZEHMER, C.J., and BOOTH and DAVIS, JJ., concur.


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  • Collins v. State, 650 So. 2d 221 (Fla. 1st DCA 1995)
    …mposition of consecutive habitual offender sen [*222] tences was error. Accordingly, we reverse and remand with directions that appellant be resentenced to concurrent sentences. Clark v. State, 641 So. 2d 530 (Fla. 1st DCA 1994), Washawitz v. State, 644 So. 2d 131 (Fla. 1st DCA 1994). In all other respects, appellant’s convictions are affirmed. BOOTH, MICKLE and VAN NORTWICK, JJ., concur.…
  • Harris v. State, 709 So. 2d 659 (Fla. 5th DCA 1998)
    …te v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla.1990); Hurtado v. Singletary, 708 So. 2d 974 (Fla. 3d DCA 1998); Rodriguez v. State, 637 So. 2d 934 (Fla. 2d DCA), rev. denied, 645 So. 2d 454 (Fla.1994); Bourn v. State, 644 So. 2d 131 (Fla. 1st DCA 1994). Petition for Writ of Habeas Corpus DENIED. DAUKSCH, W. SHARP and ANTOON, JJ., concur.…

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