EDDIE CRENSHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-05-12
No. 91-3519
GLICKSTEIN, C.J., and GUNTHER, JJ., concur.
620 So. 2d 1288 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 4 cases


Opinion of the Court
LETTS, Judge.

LETTS, Judge.

The issues warranting discussion concern the defendant’s sentence. The trial court sentenced the defendant to two three year mandatory-minimum sentences. Pursuant to section 775.087(2), Florida Statutes (1991), consecutive mandatory-minimum sentences may not be imposed for offenses arising out of a single criminal episode. Palmer v. State, 438 So. 2d 1 (Fla.1983). We, therefore, vacate that portion of the sentence for the aggravated battery which requires the defendant to serve a three year mandatory-minimum term consecutively with the three year mandatory-minimum imposed for the robbery. Moreover, the trial court should strike from the probation order the requirement that the defendant obtain his G.E.D. as a probation condition because, in fact, he had already graduated from high school.

In all other respects, we affirm. AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, C.J., and GUNTHER, JJ., concur.


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  • Prince Narvel Wray v. State, 632 So. 2d 682 (Fla. 5th DCA 1994)
    …because these offenses arose out of a single criminal episode. See Palmer v. State, 438 So. 2d 1, 3 (Fla.1983); Haye v. State, 615 So. 2d 762, 767-68 (Fla. 5th DCA 1993). See also Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993); Crenshaw v. State, 620 So. 2d 1288 (Fla. 4th DCA 1993). We also have considered the remaining issues raised by Wray, and we conclude that the trial court properly denied Wray’s motions for judgments of acquittal as to all kidnapping charges. The record contains sufficient evidence t…
  • T.H. v. Dep't of Health & Rehabilitative Servs., 661 So. 2d 403 (Fla. 1st DCA 1995)
    …ot be addressed. REVERSED, in part, and AFFIRMED, in part, and REMANDED. WOLF, WEBSTER and VAN NORTWICK, JJ., concur. . Appellant consented to the urinalysis requirement. . See e,g., Johnson v. State, 578 So. 2d 419 (Fla. 5th DCA 1991), quashed, 620 So. 2d 1288 (Fla. 1992); Deborah Appel, Drug Use During Pregnancy: State Strategies to Reduce the Prevalence of Prenatal Drug Exposure, 5 U.Fla.J.L. & Pub. Pol’y 103 (1992); Dorothy E. Roberts, Punishing Drug Addicts Who Have Babies: Women of Color, Equality an…

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