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Thomas v. State

District Court of Appeal of Florida, Fourth District
Oct 6, 1993
623 So. 2d 562 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-0143.

August 18, 1993. Rehearing and Certification Denied October 6, 1993.

Appeal from the Circuit Court, Palm Beach County, Walter N. Colbath, Jr., J.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant challenges his convictions and sentences for two counts of robbery with a firearm. We affirm appellant's convictions. The trial court sentenced appellant on each count as a habitual violent felony offender to life imprisonment with a fifteen year mandatory minimum term. The court imposed the sentences, including the mandatory minimum terms, consecutively. We reverse the imposition of consecutive mandatory minimum sentences because both offenses arose from a single criminal episode. We remand this cause with directions to make the mandatory minimum sentences concurrent. See Daniels v. State, 595 So.2d 952 (Fla. 1992). We affirm appellant's sentences in all other respects.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, C.J., and POLEN, J., concur.

WALDEN, JAMES H., Senior Judge, dissents without opinion.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fourth District
Oct 6, 1993
623 So. 2d 562 (Fla. Dist. Ct. App. 1993)
Case details for

Thomas v. State

Case Details

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

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 6, 1993

Citations

623 So. 2d 562 (Fla. Dist. Ct. App. 1993)

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