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Thomas v. State

District Court of Appeal of Florida, Second District
Dec 14, 1994
646 So. 2d 296 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-00958.

December 14, 1994.

Appeal from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

Rick Terrana, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.


The defendant, Kevin Thomas, appeals his judgments and sentences for robbery with a firearm and burglary of a dwelling with a firearm. We find merit only in his contention that the trial court erred in imposing consecutive habitual felony offender sentences. The record establishes that the defendant's crimes occurred in one criminal episode. We reverse and remand for resentencing in accordance with Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994).

§§ 812.13(1) and (2)(a), and 810.02(1) and (2)(b), Fla. Stat. (1991).

Reversed and remanded.

DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Second District
Dec 14, 1994
646 So. 2d 296 (Fla. Dist. Ct. App. 1994)
Case details for

Thomas v. State

Case Details

Full title:KEVIN THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 14, 1994

Citations

646 So. 2d 296 (Fla. Dist. Ct. App. 1994)