Bain v. State

Full title: IVAN FITZGERALD BAIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Aug 15, 1995

658 So. 2d 677 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1425.

August 15, 1995.

An Appeal from the Circuit Court for Escambia County; T. Michael Jones, Judge.

Nancy A. Daniels, Public Defender, Raymond Dix, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Douglas Gurnic, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We affirm Ivan Bain's convictions for burglary of a conveyance, robbery, and resisting arrest without violence. The state properly concedes, however, that the trial court erred by imposing consecutive habitual offender sentences for offenses that occurred within a single criminal episode. Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (Fla. 1994). We reverse and remand for resentencing in accordance with Hale.

MICKLE, BENTON, and VAN NORTWICK, JJ., concur.