Opinion
Case No. 96-2100
Opinion filed May 2, 1997.
An appeal from the Circuit Court of Alachua County. Judge Stan Morris.
Nancy A. Daniels, Public Defender; Faye A. Boyce, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
The defendant was convicted by a jury of burglary and grand theft and sentenced as a habitual offender to consecutive terms of five years on each charge. We find no error as to the convictions but we conclude that the habitual offender sentences should not have been imposed consecutively because the burglary and grand theft offenses arose out of a single criminal episode. Hale v. State, 630 So.2d 521 (Fla. 1993). The convictions are affirmed but the sentences are reversed and the case is remanded to the trial court for resentencing according to Hale.
Affirmed in part and reversed in part.
MINER, ALLEN and PADOVANO, JJ., CONCUR.