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Florida District Courts of Appeal, 1993

Austin v. State

Austin v. State
Florida District Courts of Appeal · Decided November 3, 1993 · Hersey, Klein, Owen, William
625 So. 2d 1316; 1993 Fla. App. LEXIS 11101; 1993 WL 444893 (Southern Reporter, Second Series)

Austin v. State

Opinion of the Court

PER CURIAM.

We affirm, except that it is impermissible to impose consecutive mandatory minimum terms on a violent habitual felony offender where the offenses arose from the same criminal episode. Daniels v. State, 595 So.2d 952 (Fla. 1992). Further, the state concedes error. We reverse this aspect and remand for resentencing to correct the error.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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