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Florida District Courts of Appeal, 1994

Montesino v. State

Montesino v. State
Florida District Courts of Appeal · Decided August 2, 1994 · Baskin, Cope, Schwartz
640 So. 2d 1196; 1994 Fla. App. LEXIS 7662; 1994 WL 398354 (Southern Reporter, Second Series)

Montesino v. State

Opinion of the Court

PER CURIAM.

We find no error in the sole point directed to the convictions entered below. See Nacher v. State, 465 So.2d 598 (Fla. 3d DCA1985). As the state concedes, however, it was improper to impose consecutive habitual offender sentences for offenses committed in the same criminal episode. See Hale v. State, 630 So.2d 521 (Fla. 1993). Hence, after remand, those sentences shall be made concurrent.

Affirmed as modified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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