LARRY L. AULTMAN, PETITIONER,

v.

HARRY K. SINGLETARY, JR., RESPONDENT

Citator

Cited By

• Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA 2004)
  …ry maximum on one or more counts arising from a single criminal episode, consecutive sentencing may not be used to further lengthen the overall sentence. Although not cited by either party on appeal, we note and certify conflict with Davis v. State, 710 So. 2d 1051 (Fla. 1st DCA 1998). We assume that the State’s failure to cite two cases directly on point, one of which is a controlling decision of this court, was an oversight. We express our sincere hope that the State might be more helpful in focusing the co…
• Kiedrowski v. State, 876 So. 2d 692 (Fla. 1st DCA 2004)
  …nary sentence which was imposed consecutive to a period of incarceration as a habitual offender. In Fuller the Fifth District held that the sentence as modified still violated the dictates of Hale, but noted conflict with our case of Davis v. State, 710 So. 2d 1051 (Fla. 1st DCA 1998). In Davis, we found that a term of probation on one count following a term of im [*694] prisonment- as a habitual offender on another count was not erroneous because the defendant-was not declared to be a habitual offender as to…
• Hamilton v. State, 996 So. 2d 964 (Fla. 1st DCA 2008)
  …entences on two felony counts did not, although arising from a single criminal episode, constitute reversible error where the trial court sentenced a defendant as a habitual felony offender with respect to only one of the counts. See Davis v. State, 710 So. 2d 1051, 1051-52 (Fla. 1st DCA 1998). Six years later, however, in considering whether a trial court had cured a Hale violation by removing the habitual felony offender designation on one of two felony counts while leaving the sentence lengths on both count…

Authorities Cited

• Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)