Florida District Courts of Appeal, 2011

Mills v. State

Mills v. State
Florida District Courts of Appeal · Decided August 15, 2011 · Benton, Ray, Roberts
68 So. 3d 339; 2011 Fla. App. LEXIS 12792; 2011 WL 3558199 (Southern Reporter, Third Series)

Mills v. State

Opinion

*340 PER CURIAM.

The appellant appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of ground two without further comment. However, we reverse and remand for the trial court to either attach records refuting the appellant’s facially sufficient allegation that his consecutive habitual violent felony offender (HVFO) sentences for armed robbery and aggravated battery are illegal because the crimes occurred during a single criminal episode, or to grant relief. See Hale v. State, 630 So.2d 521 (Fla. 1993) (holding that a trial court may not impose consecutive enhanced sentences for crimes committed during a single criminal episode as such sentences are not permitted by statute).

AFFIRMED in part, REVERSED and REMANDED in part.

BENTON, C.J., ROBERTS, and RAY, JJ., concur.

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