Florida District Courts of Appeal, 1996

Nickerson v. State

Nickerson v. State
Florida District Courts of Appeal · Decided December 4, 1996 · Altenbernd, Danahy, Patterson
684 So. 2d 252; 1996 Fla. App. LEXIS 12789; 1996 WL 691691 (Southern Reporter, Second Series)

Nickerson v. State

Opinion of the Court

PATTERSON, Judge.

Kenneth Nickerson challenges the denial of his motion for postconviction relief. He argues that the trial court erred in imposing consecutive habitual offender sentences for attempted burglary and possession of burglary tools because the offenses occurred during the same criminal episode. We agree. See Spillane v. State, 647 So.2d 1000 (Fla. 2d *253DCA 1994) (trial court cannot impose consecutive habitual offender sentences for offenses occurring in same criminal episode). Accordingly, we reverse and remand for correction of Nickerson’s sentences to reflect that the sentences shall be served concurrently. Nickerson need not be present.

Reversed and remanded.

DANAHY, A.C.J., and ALTENBERND, J., concur.

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