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Holsworth v. State

District Court of Appeal of Florida, Fourth District
Oct 10, 2001
796 So. 2d 1232 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-784.

October 10, 2001.

Appeal of an order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marc H. Gold, Judge; L.T. Case No. 84-10916CF10.

Eric Brian Holsworth, Wewahitchka, pro se.

No appearance required for appellee.


Appellant appeals from an order entered in the circuit court summarily denying his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant was sentenced as an habitual offender on his armed burglary and attempted first degree murder convictions. These sentences were to be served consecutive to each other and consecutive to a sentence of life imprisonment for first degree murder.

We reverse on the authority of Hale v. State, 630 So.2d 521, 524 (Fla. 1993) ("We find nothing in the language of the habitual offender statute which suggests that . . . once the sentences from multiple crimes committed during a single criminal episode have been enhanced through the habitual offender statutes, the total penalty should then be further increased by ordering that the sentences run consecutively."). See State v. Ames, 467 So.2d 994, 995-96 (Fla. 1985) (involving analysis of whether burglary was "separate and distinct" from sexual battery for the purpose of consecutive imposition of mandatory minimum sentences). We remand the case with directions that the life sentences on the armed burglary and attempted first degree murder convictions shall run concurrently.

POLEN, C.J., GROSS and HAZOURI, JJ., concur.


Summaries of

Holsworth v. State

District Court of Appeal of Florida, Fourth District
Oct 10, 2001
796 So. 2d 1232 (Fla. Dist. Ct. App. 2001)
Case details for

Holsworth v. State

Case Details

Full title:Eric Brian HOLSWORTH, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 10, 2001

Citations

796 So. 2d 1232 (Fla. Dist. Ct. App. 2001)

Citing Cases

Brown v. State

We reverse on the authority of Hale v. State, 630 So.2d 521, 524 (Fla. 1993), cert. denied, 513 U.S. 909…