VALENTINE RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-12-13
No. 2D01-5208
ALTENBERND and DAVIS, JJ., Concur.
835 So. 2d 1172 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 4 cases
Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

A defendant cannot be sentenced to consecutive Prison Releasee Reoffender sentences for offenses arising from a single criminal episode. Smith v. State, 824 So. 2d 263, 264 (Fla. 2d DCA 2002). Valentine Rodriguez contends that his consecutive P.R.R. sentences are illegal for that reason. Rodriguez pleaded guilty to committing an aggravated assault and a felony battery against the same victim on the same day. However, we cannot discern from the record or the transcript of the plea colloquy whether the offenses were, in fact, committed in the same criminal episode. Therefore, we affirm Rodriguez’s sentences without prejudice to any right he may have to raise this claim in a timely, facially sufficient rule 3.850 motion.

Affirmed.

ALTENBERND and DAVIS, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Young v. State, 37 So. 3d 389 (Fla. 5th DCA 2010)
    …. 4th DCA 2000). In Gonzalez v. State, 876 So. 2d 658, 661-662 (Fla. 3rd DCA 2004), the Third District concluded that a defendant could not be sentenced to consecutive PRR sentences arising from the same criminal episode, citing Rodriguez v. State, 835 So. 2d 1172, 1173 (Fla. 2nd DCA 2002) (citing Smith, 824 So. 2d at 264); Robinson v. State, 829 So. 2d 984, 985 (Fla. 1st DCA 2002) (citing Hale, supra; Williams, supra; and Smith, 800 So. 2d at 703-04, among others); McIntyre v. State, 757 So. 2d 1288 (Fla. 4t…
  • Gonzalez v. State, 876 So. 2d 658 (Fla. 3d DCA 2004)
    …gree with the defendant and join with those districts that have uniformly concluded that “[a] defendant cannot be sentenced to consecutive Prison Releasee Reoffender sentences for offenses arising from a single criminal episode.” Rodriguez v. State, 835 So. 2d 1172, 1173 (Fla. 2d DCA 2002); see also Robinson v. State, 829 So. 2d 984, 985 (Fla. 1st DCA 2002)(“where the crimes are part of a single criminal episode ... this situation ... precluded] consecutive sentences for prison releasee reoffenders”); Williams…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw