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Peppers v. State

District Court of Appeal of Florida, First District
May 18, 1994
636 So. 2d 205 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1864.

May 18, 1994.

An appeal from the Circuit Court for Dixie County; L. Arthur Lawrence, Judge.

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

Robert A. Butterworth, Atty. Gen., Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for appellee.


We reverse the order of the trial court denying appellant's motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The state concedes error based on the recent decision of Brooks v. State, 630 So.2d 527 (Fla. 1993). This cause is remanded to the trial court with directions to correct appellant's sentence. On remand, appellant's sentence imposed under Count II shall continue to run consecutive to the sentence imposed under Count I. Appellant's sentence imposed under Count III shall continue to run consecutive to the sentence imposed under Counts I and II. Appellant's habitual offender and three-year minimum mandatory sentence imposed under Count IV shall be corrected to run concurrently with the sentence imposed under Count III. The cause is affirmed in all other respects.

REVERSED in part and REMANDED for resentencing.

MINER, MICKLE, and DAVIS, JJ., concur.


Summaries of

Peppers v. State

District Court of Appeal of Florida, First District
May 18, 1994
636 So. 2d 205 (Fla. Dist. Ct. App. 1994)
Case details for

Peppers v. State

Case Details

Full title:ROBERT L. PEPPERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 18, 1994

Citations

636 So. 2d 205 (Fla. Dist. Ct. App. 1994)