BILLIE WADE CAIN, A/K/A BILLY WADE CAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court cannot order consecutive sentences for offenses arising from a single criminal episode if those sentences are already enhanced under the habitual offender statute.
Billy Wade Cain was sentenced to consecutive terms for burglary and grand theft, both offenses arising from a single criminal episode and enhanced und…
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HALL, Acting Chief Judge.
The appellant, Billy Wade Cain, contends he was improperly sentenced as a habitual offender to consecutive terms of imprisonment for offenses arising out of a single criminal episode. We agree and reverse.
In December 1992, Cain pled no contest to one count of burglary and one count of grand theft for breaking into a convenience store and stealing various items therefrom. After a hearing held on April 8, 1993, Cain was sentenced to seven and one-half years’ imprisonment on each count, with each term to run consecutively. Cain thus filed a timely notice of appeal.
Where a defendant is sentenced for multiple crimes committed during a single criminal episode and those sentences are enhanced pursuant to the habitual offender statute, i.e., section 775.084, Florida Statutes (1991), “the [trial] court may not further enhance the penalty by ordering the individual sentences to be served consecutively if the violations occurred during a single criminal episode.” Dietrich v. State, 635 So. 2d 148 (Fla. 2d DCA 1994). See also Hale v. State, 630 So. 2d 521 (Fla.1993). Since the instant record shows that the crimes at issue here were committed during a single criminal episode and were enhanced pursuant to the habitual offender statute, we find the trial court erred in further ordering the sentences for those crimes to be served consecutively.
Accordingly, the instant cause is reversed and remanded for resentencing consistent with this opinion.
PATTERSON and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Martin v. State, 657 So. 2d 920 (Fla. 2d DCA 1995)…ommitted during a single criminal episode and those sentences are enhanced pursuant to the habitual offender statute, the trial court may not further enhance the penalty by ordering the individual sentences to be served consecutively. Cain v. State, 642 So. 2d 87 (Fla. 2d DCA 1994). Because the record in case number 92-607 shows that the crimes of burglary and grand theft occurred during one criminal episode and were enhanced pursuant to the habitual offender statute, the trial court erred in ordering that t…
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Wicker v. State, 655 So. 2d 1240 (Fla. 2d DCA 1995)…itially conclude that the offenses of burglary and grand theft of the personal property clearly took place during the course of one criminal episode, thus prohibiting the imposition of consecutive sentences as to those two crimes. See Cain v. State, 642 So. 2d 87 (Fla. 2d DCA 1994). We also determine, based on the unique facts of this particular case, that the grand theft of the vehicle was part of this same episode. See Parker v. State, 633 So. 2d 72, 76 (Fla. 1st DCA), review denied, 639 So. 2d 980 (Fla.19…
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Trotter v. State, 652 So. 2d 481 (Fla. 2d DCA 1995)…ermine, however, that the trial court erred in imposing consecutive habitual felony offender sentences4 for burglary and aggravated assault because the record clearly shows that these crimes occurred during one criminal episode. E.g., Cain v. State, 642 So. 2d 87 (Fla. 2d DCA 1994). Thus, this enhanced sentencing scheme is in violation of Hale v. State, 630 So. 2d 521 (Fla.1993). Dietrich v. State, 635 So. 2d 148 (Fla. 2d DCA 1994). Accordingly, we remand for the entry of a sentencing order reflecting that…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Dietrich v. State, 635 So. 2d 148 (Fla. 2d DCA 1994)