DAVID EUGENE GORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Acting Chief Judge.
The appellant was convicted of two counts of aggravated battery arising from the same criminal episode. He was sentenced as a habitual violent felony offender under section 775.084, Florida Statutes (1991), to two consecutive thirty-year terms with ten-year minimum mandatory terms on each, also to be served consecutively. The appellant challenges the sentences, arguing that the trial court erred in imposing consecutive terms.
Daniels v. State, 595 So. 2d 952 (Fla.1992), and Hale v. State, 630 So. 2d 521 (Fla.1993), are controlling. Thus, once the appellant’s sentences were enhanced under the habitual felony offender statute, the total penalty should not have been further increased by the imposition of consecutive sentences.
We therefore reverse and remand for the imposition of concurrent sentences.
Reversed; remanded.
PATTERSON and ALTENBERND, JJ., concur.
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Cason v. Fla. Dep't OF Mgmt. Servs., 944 So. 2d 306 (Fla. 2006)…intent and public policy behind the adoption of the nonclaim provision contained in section 194.171(2) and (6), Florida Statutes, which is to ensure prompt payment of taxes due and making available revenues that are not disputed.” Chihocky v. Crapo, 632 So. 2d 230, 232 (Fla. 1st DCA 1994). In section 194.171, the Legislature required taxpayers to pay “not less than the amount of the tax which the taxpayer admits in good faith to be owing” but provided that challenges will be dismissed in cases wherein the tax…
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Ward v. Brown, 894 So. 2d 811 (Fla. 2004)…ntent and public policy behind the adoption of the non-claim provision contained in section 194.171(2) and (6), Florida Statutes, which is to ensure prompt payment of taxes due and making available revenues that are not disputed.” Chihocky v. Crapo, 632 So. 2d 230, 232 (Fla. 1st DCA 1994). In section 194.171, the Legislature required taxpayers to pay “not less than the amount of the tax which the taxpayer admits in good faith to be owing” but provided that challenges will be dismissed in cases wherein the tax…
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Genesis Ministries, Inc. v. Brown, 186 So. 3d 1074 (Fla. 1st DCA 2016)…s of subsection (5).”). However, we have previously held that the 60— day period in section 194.171(2) does not begin to run if the property appraiser fails to strictly comply with the applicable statutory notice requirements. See Chihocky v. Crapo, 632 So. 2d 230, 232-33 (Fla. 1st DCA 1994). Here, although it is undisputed that Genesis’ complaint was filed more than 60 days after the Tax Lien was recorded and more than 60 days after the 2013 tax rolls were certified, Genesis contends that the trial court er…
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- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)