Florida District Courts of Appeal, 1994

Clark v. State

Florida District Courts of Appeal · Decided September 7, 1994 · Benton, Joanos, Wolf

641 So. 2d 530; 1994 Fla. App. LEXIS 8658; 1994 WL 478726 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

McCants v. State (Fla. Dist. Ct. App. 1995)
Collins v. State (Fla. Dist. Ct. App. 1995)
Grandison v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WOLF, Judge.

In this case, the appellant was convicted by a jury of resisting arrest with violence, two counts of battery on a law enforcement officer, and attempted depriving an officer of his means of communication or radio. The appellant was sentenced as a habitual offender under section 775.084, Florida Statutes, to three consecutive 10-year prison terms on counts I — III, for a total of 30 years. The offenses in count I (resisting arrest with violence) and counts II and III (battery on a law enforcement officer) all arose from a single incident.1

*531In Hale v. State, 630 So.2d 521 (Fla. 1993), and Brooks v. State, 630 So.2d 527 (Fla. 1993), the Florida Supreme Court held that a trial court may not impose consecutive enhanced sentences under section 775.084, Florida Statutes, for crimes growing out of a single criminal episode. Accordingly, Clark’s enhanced sentences as to counts I — III are prohibited.

We affirm the convictions below, but vacate the sentences imposed on counts I — III, and remand with directions that the three consecutive sentences be made concurrent to one another.

JOANOS and BENTON, JJ., concur.

. A one-year prison sentence on count V and sentences for other counts to which the appellant pled were to run concurrent with the 30-year sentence.

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