JACK LESTER WATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Jack Lester Watts appeals the sentences imposed upon the granting of his motion for postconvietion relief. Of the three issues he raises, we find merit only in his contention that the trial court erred in running his habitual offender sentences consecutively because the offenses for which the sentences were imposed were part of a single criminal episode. See Hale v. State, 630 So. 2d 521 (Fla.1993). The State concedes this error. Accordingly, we remand this case with directions that Watts’ sentences be amended to reflect that all terms of imprisonment are to be served concurrently.
Remanded for correction of sentences.
FULMER, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.
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Dixon v. State, 823 So. 2d 792 (Fla. 2d DCA 2001)…ouched or struck the officer or caused, him bodily harm. The jury’s verdict on each charge was a general one, finding Dixon guilty of battery on a law enforcement officer without specifying the basis for the convictions. Pursuant to Zwick v. State, 730 So. 2d 759 (Fla. 5th DCA 1999), a defendant is entitled to have the jury instructed on the offense with which he is charged. Here, the jury was improperly instructed on the bodily harm form of battery although Dixon was not charged with that form of battery. S…
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Morgan v. State, 146 So. 3d 508 (Fla. 5th DCA 2014)…1); Brown v. State, 41 So. 3d 259, 262 (Fla. 4th DCA 2010); Diaz v. State, 38 So. 3d 791, 792 (Fla. 4th DCA 2010); Trahan v. State, 913 So. 2d 729, 730 (Fla. 5th DCA 2005); D.R. v. State, 790 So. 2d 1242, 1244^45 (Fla. 5th DCA 2001); Zwick v. State, 730 So. 2d 759, 760 (Fla. 5th DCA 1999). Consistent with this rule, a criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitu…
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- Hale v. State, 630 So. 2d 521 (Fla. 1993)