RONALD DUJUAN HARDEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LAWRENCE, Judge.
Ronald Dujuan Hardee appeals his habitual offender sentences for burglary of a structure and dealing in stolen property. Of the issues raised on appeal, we reverse on one issue and affirm, without discussion, all remaining issues.
Hardee was sentenced as an habitual felony offender to ten years imprisonment for burglary of a structure and thirty years imprisonment for dealing in stolen property, with the sentences to run consecutively. The State properly concedes that the trial court erred in imposing consecutive habitual offender sentences. Once the habitual offender statute is used to enhance the sentences for multiple crimes committed during a single criminal episode, the total penalty may not then be further increased by ordering the enhanced sentences to run consecutively. Hale v. State, 630 So. 2d 521, 524 (Fla.1993), cert. denied, — U.S.—, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So. 2d 527 (Fla.1993). We, therefore, reverse and remand for resentencing consistent with this opinion.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
MINER and BENTON, JJ., concur.
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Citator
Cited By
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Spratling v. State, 672 So. 2d 54 (Fla. 1st DCA 1996)…o. 2d 521, 524 (Fla.1993), cert. denied, — U.S.-, 115 S.Ct. 278,130 L.Ed.2d 195 (1994). We have held that consecutive sentences for burglary of a dwelling and dealing in property stolen there run afoul of the rule laid down in Hale. Hardee v. State, 659 So. 2d 322 (Fla. 1st DCA 1994). The State conceded the point in Hardee. The trial court’s conclusion here that “the burglaries were separate crimes” is clearly correct: each apartment in the duplex was a separate dwelling. But, as far as can be told from this…
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Colson v. State, 678 So. 2d 1354 (Fla. 1st DCA 1996)…time of day the crimes occurred. There is nothing inherent in the burglary of a dwelling and dealing in stolen property that, of itself, would conclusively show that the two acts were not committed in a single criminal episode. Cf. Hardee v. State, 659 So. 2d 322 (Fla. 1st DCA 1994) (habitualized defendant’s convictions for burglary of a structure and dealing in stolen property involved acts committed during the same criminal episode, and sentences should have been concurrent). For instance, an offender coul…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Brooks v. State, 630 So. 2d 527 (Fla. 1993)