DAVID LEE ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that imposing consecutive enhanced habitual offender sentences is illegal.
Appellant was convicted of attempted sexual battery and false imprisonment and received two consecutive enhanced habitual offender sentences of ten ye…
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DAUKSCH, Judge.
This is an appeal from a denial of relief from an illegal sentence. Fla.R.Crim.P. 3.800(a).
Appellant was convicted of attempted sexual battery and false imprisonment because he kept the victim in a car while he tried to rape her. These two convictions are not at issue here because they have been upheld by this court on direct appeal, by a per curiam affirmance without an opinion. Anderson v. State, 597 So. 2d 299- (Fla. 5th DCA 1992).
The question before us now is whether a lawful sentence was imposed. An illegal sentence can be challenged and corrected at any time. State v. Whitfield, 487 So. 2d 1045 (Fla.1986); Fla.R.Crim.P. 3.800(a).
The sentences imposed for the single criminal episode were two consecutive enhanced habitual offender terms of ten years each. In Hale v. State, 630 So. 2d 521 (Fla.1993) and Brooks v. State, 630 So. 2d 527 (Fla.1993), our supreme court said that once a sentence is enhanced by imposing an habitual offender sanction that is all the legislature intended for the court to do; thus it cannot enhance further by running the sentences consecutively. See also Edler v. State, 630 So. 2d 528 (Fla.1993).
Sentence vacated; remanded for resentencing to concurrent terms.
HARRIS, C.J., and PETERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- Brooks v. State, 630 So. 2d 527 (Fla. 1993)