KENNETH C. ROLLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw
PER CURIAM.
Kenneth C. Rolle appeals his convictions and sentences for robbery and solicitation to purchase cocaine. We affirm the convictions without discussion, but reverse for resentencing.
Rolle received consecutive habitual offender sentences for the two convictions. However, the crimes he committed arose out of the same criminal episode. Consecutive habitual offender sentences cannot be imposed for multiple crimes occurring during a single episode. See State v. Hill, 660 So. 2d 1384 (Fla.1995); Hale v. State, 630 So. 2d 521 (Fla.1993).
Affirmed in part, reversed in part and remanded with instructions that Rolle’s en hanced sentences be ordered to run concurrently. The defendant need not be present.
RYDER, A.C.J., and BLUE and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Windisch v. State, 709 So. 2d 606 (Fla. 2d DCA 1998)…this court has consistently applied the Hale instruction and remanded with directions to run the imposed sentences concurrently. See Bell v. State, 679 So. 2d 1275 (Fla. 2d DCA 1996); Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So. 2d 1080 (Fla. 2d DCA 1996); Brown v. State, 630 So. 2d 596 (Fla. 2d DCA 1993). See also Brown v. State, 647 So. 2d 333 (Fla. 3d DCA [*607] 1994); Suggs v. State, 681 So. 2d 870 (Fla. 5th DCA 1996). Applying Hale to Windisch, we conclude that the trial court…
-
Suggs v. State, 681 So. 2d 870 (Fla. 5th DCA 1996)…r resentencing where habitual offender sentences are reversed, 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). See Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So. 2d 1080 (Fla. 2d DCA 1996); Brown v. State, 647 So. 2d 333 (Fla. 3d DCA 1994); Brown v. State, 630 So. 2d 596 (Fla. 2d DCA 1993). AFFIRMED. COBB, W. SHARP and GOSHORN, JJ., concur.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)