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Huggins v. State

District Court of Appeal of Florida, Fifth District
May 12, 2000
758 So. 2d 735 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-1216.

Opinion filed May 12, 2000.

Appeal from the Circuit Court for Orange County, R. James Stroker, Judge.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


The trial court classified John Huggins as an habitual felony offender and sentenced him to four consecutive life sentences based upon the four offenses of robbery with a firearm that he committed in a single criminal episode. The state concedes that the trial court erred in sentencing Huggins consecutively. Hale v. State, 630 So.2d 521 (Fla. 1993).

We therefore vacate the requirement that the sentences be served consecutively and remand for resentencing.

SENTENCES VACATED; REMANDED FOR RESENTENCING.

PETERSON, THOMPSON and SAWAYA, J.J., concur.


Summaries of

Huggins v. State

District Court of Appeal of Florida, Fifth District
May 12, 2000
758 So. 2d 735 (Fla. Dist. Ct. App. 2000)
Case details for

Huggins v. State

Case Details

Full title:JOHN HUGGINS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 12, 2000

Citations

758 So. 2d 735 (Fla. Dist. Ct. App. 2000)