Valdes v. State

Full title: JAMES VALDES, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Sep 1, 2000

765 So. 2d 954 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2056.

Opinion filed September 1, 2000.

An appeal from the Circuit Court for Duval County; Jean M. Johnson, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General and Trisha E. Meggs, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We conclude that the consecutive habitual offender sentences were illegal and therefore reverse the final order denying the defendant's postconviction motion. It is clear from the facts recited in the opinion on direct appeal that the defendant's convictions for robbery and throwing a destructive device arose from the same criminal episode. See Valdes v. State, 443 So.2d 223 (Fla. 1st DCA 1983). Therefore, the habitual offender sentences for those offenses must be concurrent and not consecutive. See Valdes v. State, 25 Fla. L. Weekly D1611 (Fla. 1st DCA 2000).

DAVIS, BENTON and PADOVANO, JJ., CONCUR.