Hemphill v. State

Full title: BUDDY DWAYNE HEMPHILL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: May 5, 1995

654 So. 2d 301 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-188.

May 5, 1995.

An appeal from the Circuit Court for Dixie County; John Peach, Judge.

Nancy A. Daniels, Public Defender and Jamie Spivey, Asst. Public Defender, Tallahassee, for appellant.

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

PER CURIAM.

The consecutive habitual offender sentences imposed in Counts I and II are impermissible under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), therefore we REVERSE and REMAND for resentencing on those two counts. Resentencing may include restructuring to provide for a probationary period, see Jordan v. State, 568 So.2d 1011 (Fla.App. 1 Dist. 1990).

BOOTH, JOANOS and WOLF, JJ., concur.