JOHN LESTER BENJAMIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Probationary Sentence cases and more on FLexlaw
PER CURIAM.
John Lester Benjamin appeals the summary denial of his postconviction motion. It is asserted that the imposition of a six-year sentence of incarceration as a habitual offender and a consecutive sentence of four years’ probation as a habitual offender is improper under the dictates of Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Benjamin’s argument is well-taken as the prohibition against consecutive habitual offender sentences applies to a sentence of imprisonment on one count, foEowed by a term of probation on another count arising from a single criminal episode. See Jackson v. State, 662 So. 2d 738 (Fla. 2d DCA 1995); Taylor v. State, 658 So. 2d 635 (Fla. 2d DCA 1995); Green v. State, 643 So. 2d 1177 (Fla. 2d DCA 1994).
As a probationary sentence cannot be imposed concurrently with a prison term, upon resentencing, if the court decides to impose a term of incarceration for the offense of possession of burglary tools, that sentence must be made to run concurrently with the six-year habitual offender sentence.
Reversed and remanded for resentencing.
DANAHY, AC.J., and PATTERSON and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kiedrowski v. State, 876 So. 2d 692 (Fla. 1st DCA 2004)…single criminal episode cannot be both enhanced under the habitual felony offender statute and imposed consecutively. Id. at 524-525. The dictates of Hale have been expanded by subsequent case law. In a number of cases, including Benjamin v. State, 667 So. 2d 437 (Fla. 2d DCA 1996), the Second District has held that imposition of a sentence of probation as a habitual offender, following a period of incarceration as a habitual offender, “was improper under the dictates of Hale v. State.” In Fuller v. State, 8…
-
Sims v. State, 675 So. 2d 714 (Fla. 5th DCA 1996)…ee separate cases. Hale v. State, 630 So. 2d 521 (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); Panda v. State, 647 So. 2d 1077 (Fla. 5th DCA 1995). See also, Benjamin v. State, 667 So. 2d 437 (Fla. 2d DCA 1996). The record reflects that consecutive habitual offender sentences were imposed for two offenses in each of the three cases. Because the defendant’s allegations that in each case the offenses arose out of a single episode have no…
-
Light v. State, 796 So. 2d 610 (Fla. 2d DCA 2001)…d did not shoot at the officer. Mr. Hammond was acquitted. Mr. Light was sentenced to twenty-five years’ imprisonment as a habitual felony offender. He appealed to this court. We affirmed his conviction but remanded for resentencing. Light v. State, 667 So. 2d 437 (Fla. 2d DCA 1996). While resentenc-ing was pending on remand, Mr. Light filed his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging in pertinent part that his counsel was ineffective for failing to inve…
Previewing 3 of 7 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)
- Jackson v. State, 662 So. 2d 738 (Fla. 2d DCA 1995)
- Solomon Timothy Green v. State, 643 So. 2d 1177 (Fla. 2d DCA 1994)
- Taylor v. State, 658 So. 2d 635 (Fla. 2d DCA 1995)