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Carr v. State

District Court of Appeal of Florida, Third District
May 15, 1996
673 So. 2d 189 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2904.

May 15, 1996.

An Appeal from the Circuit Court for Dade County, Michael Salmon and Rodolfo Sorondo, Judge. Lower Tribunal No. 93-28957.

Norman W. Edwards, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Joni Braunstein, Assistant Attorney General, for appellee.

Before BARKDULL, JORGENSON and GODERICH, JJ.


The points raised by the defendant attacking his conviction lack merit. However, as the State properly concedes, pursuant to Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the trial court improperly sentenced the defendant to a consecutive habitual offender sentence. Accordingly, the defendant's conviction is affirmed, but his sentence is reversed and this cause is remanded to the trial court for resentencing.

Affirmed, in part; reversed, in part, and remanded for resentencing.


Summaries of

Carr v. State

District Court of Appeal of Florida, Third District
May 15, 1996
673 So. 2d 189 (Fla. Dist. Ct. App. 1996)
Case details for

Carr v. State

Case Details

Full title:LYNELL CARR, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 15, 1996

Citations

673 So. 2d 189 (Fla. Dist. Ct. App. 1996)