Florida District Courts of Appeal, 1995

Hemphill v. State

Hemphill v. State
Florida District Courts of Appeal · Decided May 5, 1995 · Booth, Joanos, Wolf
654 So. 2d 301; 1995 Fla. App. LEXIS 4875; 1995 WL 259158 (Southern Reporter, Second Series)

Hemphill v. State

Opinion of the Court

PER CURIAM.

The consecutive habitual offender sentences imposed in Counts I and II are impermissible under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), therefore we REVERSE and REMAND for resentenc-ing on those two counts. Resentencing may include restructuring to provide for a proba*302tionary period, see Jordan v. State, 568 So.2d 1011 (Fla.App. 1 Dist. 1990).

BOOTH, JOANOS and WOLF, JJ., concur.

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