JOHN WILLIAM PARKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, John Parker, appeals his sentence and conviction for fraudulent use of a credit card and grand theft. We affirm the conviction. However, we reverse the imposition of consecutive habitual offender sentences, pursuant to the State’s proper confession of error. It is error for a trial court to sentence an individual to consecutive enhanced habitual offender sentences where the crimes arose from the same criminal incident. See Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Simmons v. State, 650 So. 2d 126 (Fla. 3d DCA 1995); Hill v. State, 645 So. 2d 90 (Fla. 3d DCA 1994). Accordingly, we vacate appellant’s sentence and remand with instructions to the trial court to impose concurrent sentences. Finally, we certify the same question framed in Hill and Simmons to the supreme court.
Affirmed in part; reversed and remanded in part; question certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hollice Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995)…offender sentencing. 1995 Fla.Sess.Law Serv. ch. 95-182, § 2 (West) (amending § 775.084(4)(a)l). Whether Hale will also fall in the present context depends on the-Supreme Court’s answer to the question we certified in such cases as Parker v. State, 651 So. 2d 140 (Fla. 3d DCA), review granted, 661 So. 2d 825 (Fla. 1995), and Hill v. State, 645 So. 2d 90 (Fla. 3d DCA 1994). (Because of the relative insignificance of the two, now-required-to-be-concurrent aggravated assault habitual offender sentences which wi…
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State v. Parker, 660 So. 2d 1393 (Fla. 1995)…OVERTON, Justice. We have for review Parker v. State, 651 So. 2d 140 (Fla. 3d DCA 1995), in which the district court vacated John William Parker’s sentence and certified as a question of great public importance the same question certified in Hill v. State, 645 So. 2d 90 (Fla. 3d DCA 1994).1 We have jurisdiction. Art.…
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Bonard v. State, 666 So. 2d 597 (Fla. 3d DCA 1996)…he sentences be served consecutively, we remand this cause for disposition of this issue in accordance with State v. Hill, 660 So. 2d 1384 (Fla.1995), approving 645 So. 2d 90 (Fla. 3d DCA 1994); State v. Parker, 660 So. 2d 1393 (Fla.1995), approving 651 So. 2d 140 (Fla. 3d DCA 1995); and Simmons v. State, 20 Fla. L. Weekly S509 (Fla. Oct. 5, 1995), approving 650 So. 2d 126 (Fla.1995). Affirmed and remanded.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Hill v. State, 645 So. 2d 90 (Fla. 3d DCA 1994)
- Simmons v. State, 650 So. 2d 126 (Fla. 3d DCA 1995)