MICHAEL GEORGE BRUNO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1992-04-08
No. 91-2134
ANSTEAD, HERSEY and GARRETT, JJ., concur.
596 So. 2d 1205 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with appellant that at resentencing the trial court erred in directing that his sentence for armed robbery be served consecutive to his sentence for homicide. At the original sentencing hearing the robbery sentence was ordered to be served concurrent with the homicide sentence. In the absence of unusual circumstances, not present here, the sentence could not properly be changed to a consecutive sentence. See Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990); Pahud v. State, 370 So. 2d 66 (Fla. 4th DCA 1979).

Accordingly, we reverse and remand for correction of appellant’s sentence as provided herein. 574 So. 2d 76.

ANSTEAD, HERSEY and GARRETT, JJ., concur.


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    …. DELL and GROSS, JJ., concur. . Duggins v. United States, 240 F. 2d 479 (6th Cir. 1957); Kennedy v. United States, 330 F. 2d 26 (9th Cir. 1964). . Neither are McMullen, Williamson v. State, 569 So. 2d 1368 (Fla. 4th DCA 1990), or Bruno v. State, 596 So. 2d 1205 (Fla. 4th DCA 1992), all of which relied on Pahud.…
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