TYRONE OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-08-04
No. 93-3524
BENTON and VAN NORTWICK, JJ., concur.
666 So. 2d 926 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 2 cases
Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

We affirm appellant’s convictions for two counts of sale or delivery of cocaine and two counts of possession of cocaine with intent to sell or deliver. We reverse his four consecutive habitual offender sentences pursuant to Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Appellant’s possession and sale of cocaine on the morning of June 17, 1993, and his possession and sale of cocaine later that afternoon, constituted two separate criminal episodes, rather than four, and we direct the trial court to resentence appellant consistent with Hale.

AFFIRMED IN PART, REVERSED IN PART and REMANDED for resentencing.

BENTON and VAN NORTWICK, JJ., concur.

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  • Oliver v. State, 734 So. 2d 1083 (Fla. 1st DCA 1999)
    …ve been raised on direct appeal. Appellant’s claim was not untimely if considered pursuant to Rule 3.850 because it was filed within two years of the date on which his resentencing following remand from this court became final. In Oliver v. State, 666 So. 2d 926 (Fla. 1st DCA 1995), this court reversed appellant’s sentences and remanded for resentencing. Appellant was resentenced on September 18, 1995. He then sought review of his resen-tencing in this court. We affirmed without opinion. Oliver v. State, 68…

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