JEFFREY KOON, A/K/A, JOHN WELCH, A/K/A, JOHN H. ANGUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the defendant could be sentenced as a habitual violent offender for two robberies, the sentences could not be imposed consecutively as they occurred in a single episode.
The defendant was convicted of two counts of armed robbery after three men robbed two tourists in a motel room. One man held a gun while another took …
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PARKER, Judge.
Jeffrey Koon appeals his judgment and sentences for two counts of armed robbery. We affirm the judgment but reverse the consecutive sentences and remand for resentencing.
The state filed an information charging Mr. Koon with two counts of armed robbery. The evidence at trial established that two tourists, Mr. and Mrs. Rockwell, had just entered a motel room in Tampa when three men appeared in the room. One of the men held a gun and ordered the couple to give them everything. When Mr. Rockwell responded that they had nothing, the armed man pointed the gun at his head. In the meantime, one of the other men, whom the Rockwells identified as Mr. Koon at trial, took Mrs. Rockwell’s purse and shoulder bag and ordered Mr. Rockwell to empty his pockets. The men robbed the Rockwells of over $400 in cash and personal items.
The jury found Mr. Koon guilty of both counts. The trial judge found that Mr. Koon qualified as a habitual violent offender and sentenced him as such to two consecutive life sentences.
Although Mr. Koon does not raise this argument on appeal, the trial court erred in imposing consecutive habitual felony offender sentences under these circumstances. The two robberies in this case occurred at the same time, in the same room but involved two separate victims. Under similar circumstances, this court has found the crimes were committed in a single episode. See Smith v. State, 632 So. 2d 95 (Fla. 2d DCA 1994); Goff v. State, 616 So. 2d 551 (Fla. 2d DCA 1993). While the trial court could impose separate life sentences, the trial court could not order the habitualized sentences to run consecutively. Hale v. State, 630 So. 2d 521 (Fla.1993). We, therefore, reverse the sentences and remand to the trial court to resentence Mr. Koon to concurrent life sentences.
We affirm the judgment. We reverse the sentences and remand for resentencing.
HALL, A.C.J., and BLUE, J., concur.
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Howard v. State, 648 So. 2d 1250 (Fla. 4th DCA 1995)…appellant as a habitual violent felony offender to consecutive thirty-year terms. See Brooks v. State, 630 So. 2d 527 (Fla.1993); Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Koon v. State, 640 So. 2d 1226 (Fla. 2d DCA 1994). We further hold that the trial court erred when it imposed consecutive mandatory minimum sentences pursuant to section 775.084(4)(b), Florida Statutes (1989), the habitual offender statute. See Daniels v. State, 595 So. 2d 952 (F…
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Wallace v. State, 673 So. 2d 910 (Fla. 2d DCA 1996)…ccurred during a single criminal episode since the crimes occurred at the same time and in the same location. The fact that the crimes involved four separate victims does not negate the fact that they occurred in a single episode. See Koon v. State, 640 So. 2d 1226 (Fla. 2d DCA 1994). See also Echelmeier v. State, 662 So. 2d 994 (Fla. 2d DCA 1995). Accordingly, we reverse and remand for the imposition of concurrent life sentences. Affirmed in part, reversed in part, and remanded. SCHOONOVER, A.C.J., and PARK…
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Taylor v. State, 658 So. 2d 635 (Fla. 2d DCA 1995)…ourt erred in sentencing appellant to consecutive terms since all of the robberies occurred during the same criminal episode. See Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Koon v. State, 640 So. 2d 1226 (Fla. 2d DCA 1994). When offenses occur in one criminal episode, a trial court may not enhance the sentences pursuant to the habitual offender statute and then increase the total penalty by ordering that the sentences run consecutively. This also ap…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Owens v. Leisure Mgmt. Miami, Inc., 632 So. 2d 95 (Fla. 3d DCA 1994)
- Sheddick Lamar Goff v. State, 616 So. 2d 551 (Fla. 2d DCA 1993)