DEBRA ELLIS AND RICARDO ELLIS, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Debra and Ricardo Ellis appeal their judgments and sentences entered upon remand. We affirm the sentences without discussion but reverse the judgments and remand for correction.
In Ellis v. State, 714 So. 2d 1160 (Fla. 2d DCA 1998), this court reversed the judgments as to counts 8, 9 and 10 and directed the trial court to reduce the convictions on those counts to child abuse, a permissive lesser included offense of aggravated child abuse. The trial court was also directed to resentenee the Ellises accordingly. Although the trial court properly resen-tenced the Ellises, the judgments entered fail to reflect the reduced convictions. Therefore, we once again reverse the judgments as to counts 8, 9 and 10 and remand for the trial court to enter judgments for child abuse under section 827.04(1), Florida Statutes (1995).
Affirmed in part, reversed in part and remanded with directions.
CAMPBELL, A.C.J., and FULMER and DAVIS, JJ., Concur.
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Jones v. State, 806 So. 2d 590 (Fla. 5th DCA 2002)…ences when a defendant’s crimes arise out of the same criminal episode, a trial court may impose consecutive habitual offender sentences when the crimes are separate offenses. See Selby v. State, 774 So. 2d 786 (Fla. 6th DCA 2000); Trotter v. State, 744 So. 2d 583 (Fla. 2d DCA 1999). To be considered separate offenses, the court must consider “whether separate victims are involved, whether the crimes occur in separate locations, and whether there has been a temporal break between the incidents.” Spratling v.…
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Ellis v. State, 855 So. 2d 101 (Fla. 2d DCA 2003)…n judgment to reflect the correct offense statute numbers. Therefore, this court again reversed and remanded for correction of the written judgment as to these counts to reflect the proper offense statute number of section 827.04(1). Ellis v. State, 744 So. 2d 583 (Fla. 2d DCA 1999). After resentencing, Ellis filed a motion for postconviction relief pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850, raising numerous issues. In one issue, Ellis argued that the written judgment improperly show…
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- Ellis v. State, 714 So. 2d 1160 (Fla. 2d DCA 1998)