ARTHUR WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Under the facts presented, we find no merit in appellant’s contention that his convictions for robbery with a firearm, aggravated assault and battery constitute double jeopardy. We do agree, however, that the lower court erred in making consecutive the “minimum mandatory” sentences imposed after determining that the defendant was a habitual violent felony offender. Such minimum mandatory sentences must be imposed to run concurrently when they arise from a single criminal episode, as in this case. Daniels v. State, 595 So. 2d 952 (Fla.1992); Penton v. State, 605 So. 2d 1319 (Fla. 1st DCA 1992). Accordingly we affirm the judgments but vacate the sentences imposed and remand with instructions to resentence appellant to concurrent minimum mandatory sentences.
JUDGMENTS AFFIRMED; SENTENCES VACATED and REMANDED for resentencing in accordance with this opinion. “
W. SHARP, PETERSON and GRIFFIN, JJ., concur.
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STANDARD JURY INSTRUCTIONS IN CRIM. CASES (95-1), 657 So. 2d 1152 (Fla. 1995)…OUT VIOLENCE (page 196) Note to judge: In giving this instruction, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g. probation officer, correctional officer. See Wright v. State, 608 So. 2d 576 (Fla. 3d DCA 1992). Note to judge: In giving this instruction, refer only to the type of duty or legal process that was being performed, e.g., making an arrest, serving a subpoena, serving a domestic violence order. See Hierro v. State, 608 So. 2d…
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El Cid Scott v. State, 627 So. 2d 72 (Fla. 5th DCA 1993)…felony statute for offenses arising from a single criminal episode. Hale v. State, 1993 WL 406369, 18 Fla.L. Weekly S535 (Fla. Oct. 14, 1993); Sweet v. State, 624 So. 2d 1138 (Fla.1993); Daniels v. State, 595 So. 2d 952 (Fla.1992); Wright v. State, 608 So. 2d 576 (Fla. 5th DCA 1992). In determining whether offenses arise from the same criminal episode or are separate and distinct, the court must consider whether separate victims are involved, whether the crimes occurred in separate locations and whether ther…
Authorities Cited
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)
- Heinrich Gordon Batchelder Hargrove Weihe & Gent & Mary Lou Jacobson v. Kapner, 605 So. 2d 1319 (Fla. 4th DCA 1992)
- Penton v. State, 605 So. 2d 1319 (Fla. 1st DCA 1992)