BRYAN FLOWERS
v.
STATE OF FLORIDA
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A sentence under the habitual felony offender statute does not violate Hale v. State when the aggregate sentence does not exceed either the maximum possible with all sentences enhanced and run concurrently or the maximum possible with no sentences enhanced and all run consecutively.
[1] Under the habitual felony offender statute, a sentence does not violate Hale v. …
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Join FLexlaw to unlock all legal intelligenceBryan Flowers appealed his sentence from the Circuit Court for Duval County, challenging whether it violated the sentencing framework established in H…
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February 23, 2018 PER CURIAM. AFFIRMED. See Hamilton v. State, 996 So. 2d 964, 966 (Fla. 1st DCA 2008) (rejecting defendant’s claim that his sentence violates Hale v. State, 630 So. 2d 521 (Fla. 1993), where, as here, the sentence “do[es] not, in the aggregate, exceed the maximum he could have received if all sentences subject to enhancement under the habitual felony offender statute had been enhanced (but run concurrently), and because his sentence[] also do[es] not, in the aggregate, exceed the maximum he could have received if none of his sentences had been enhanced but all had been ordered to run consecutively”). WETHERELL, ROWE, and JAY, JJ., concur.
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_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Flowers v. State (Fla. 1st DCA 2019)
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Hamilton v. State, 996 So. 2d 964 (Fla. 1st DCA 2008)