Florida District Courts of Appeal, 1996

Carr v. State

Carr v. State
Florida District Courts of Appeal · Decided May 15, 1996 · Barkdull, Goderich, Jorgenson
673 So. 2d 189; 1996 Fla. App. LEXIS 5117; 1996 WL 252865 (Southern Reporter, Second Series)

Carr v. State

Opinion of the Court

PER CURIAM.

The points raised by the defendant attacking his conviction lack merit. However, as the State properly concedes, pursuant to Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the trial court improperly sentenced the defendant to a consecutive habitual offender sentence. Accordingly, the defendant’s conviction is affirmed, but his sentence is reversed and this cause is remanded to the trial court for resentencing.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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