HAROLD BERNARD CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw
PER CURIAM.
Harold Bernard Clark appeals the denial of his motion for post-conviction relief pursuant to Rule 3.850. Clark was sentenced as a habitual felony offender to consecutive terms of incarceration of thirty-five years for attempted first degree murder and fifteen years for burglary. It is undisputed that the two crimes arose from a single criminal episode. At four in the morning on March 29, 1993, Clark entered his former girlfriend’s bedroom through a window and slit her throat. The trial court also imposed fifteen year minimum mandatory sentences on both counts, to run concurrently. The imposition of consecutive sentences was error under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied mem., 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). The trial court erred in ruling that the sentence comports with Hale so long as the minimum mandatory portion of the sentence is concurrent. See State v. Hill, 660 So. 2d 1384 (Fla.1995). We find no merit to the remaining issues.
Accordingly, we AFFIRM IN PART and REVERSE IN PART and REMAND for resentencing in conformity with Hale v. State, 630 So. 2d 521 (Fla.1993).
ALLEN, WOLF and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Keshbro, Inc. v. City OF Miami, 801 So. 2d 864 (Fla. 2001)…SHAW, J. We have for review City of Miami v. Keshbro, Inc., 717 So. 2d 601 (Fla. 3d DCA 1998), which expressly and directly conflicts with the decision in City of St. Petersburg v. Bowen, 675 So. 2d 626 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We also have for review the decision in City of…1 / 2
-
City OF ST. Petersburg v. Kablinger, 730 So. 2d 409 (Fla. 2d DCA 1999)…ct considered a case involving similar facts and a similar ordinance promulgated pursuant to section 893.138. It concluded that a temporary closing of property because it is a nuisance is not a compensable taking. See City of Miami v. Keshbro, Inc., 717 So. 2d 601 (Fla. 3d DCA 1998), review granted, Keshbro, Inc. v. City of Miami, 94,068, 729 So. 2d 392 (Fla. 1999). The Keshbro court endeavored to distinguish Bowen, but we believe the decisions are in conflict, and we note that Keshbro is currently under revi…
-
Harbiya K. Abu-Khadier v. THE City of Fort Myers (Fla. 2d DCA 2020)…order to preclude these proscribed activities, it was necessary to bar access to the base of operations, which, the Board concluded, could only be done by completely closing the Stardust . . . ." Id. at 876 (quoting City of Miami v. Keshbro, Inc., 717 So. 2d 601, 604 (Fla. 3d DCA 1998)). The supreme court agreed and concluded that the city acted reasonably in ordering the temporary closure of the motel, noting the record showed "extensive and persistent drug and nuisance activity which had become inextrica…1 / 2
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)
- Snead v. United States, 513 U.S. 909 (U.S. 1994)
- Blanc v. United States, 513 U.S. 909 (U.S. 1994)