RICHARD ROUSSEAU, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of motion to correct illegal sentence, holding that consecutive habitual sentences for offenses in a single criminal episode violate Hale v. State.
Consecutive sentences for habitual felony offenses arising from a single criminal episode are illegal under Hale v. State, regardless of whether the sentences exceed statutory maximums.
[1] A Hale claim challenging consecutive habitual sentences from a single criminal episode is cognizable in a rule 3.800(a) motion when apparent on the face of the record.
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Join FLexlaw to unlock all legal intelligence“Hale ... precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.”
Supreme Court holding in State v. Hill establishing the absolute prohibition on consecutive habitual sentences from a single criminal episode.
Appellant Rousseau received consecutive habitual sentences for offenses occurring in one continuous criminal episode.…
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence in which he alleged that his consecutive habitual sentences for offenses that occurred in one continuous criminal episode are illegal as announced in Hale v. State, 630 So. 2d 521, 524-25 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Because the appellant has stated a facially sufficient claim for relief and the appellant’s motion, state’s response to the trial court’s order to show cause, and the trial court’s order demonstrate that he is entitled to relief, we reverse and remand. See Valdes v. State, 765 So. 2d 774, 776 (Fla. 1st DCA 2000) (holding that a Hale claim is cognizable in a rule 3.800(a) motion so long as it is apparent on the face of the record).
We reject the state’s argument that the appellant’s habitual sentences were not en hanced under section 775.084(4), Florida Statutes (1991), because the term of years did not exceed the statutory máximums therein. In State v. Hill, 660 So. 2d 1384, 1384 (Fla.1995), the Supreme Court unequivocally held that “Hale ... precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.” (Emphasis added.)
We accordingly reverse the trial court’s summary denial of the appellant’s motion and remand for the trial court to either, sentence the appellant consistent with Hale and Hill or attach record portions to conclusively refute his claim.
REVERSED AND REMANDED.
WOLF, C.J., and ALLEN and BENTON, JJ., concur.
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Fane v. Dickenson, 902 So. 2d 980 (Fla. 4th DCA 2005)…PER CURIAM. We grant the motion for rehearing, withdraw our previously issued opinion and substitute the following in its place. The petition for writ of certiorari is granted. See Doyon v. Dep’t of Highway Safety & Motor Vehicles, 902 So. 2d 880, 2005 WL 906169 (Fla. 4th DCA Apr.20, 2005). WARNER, SHAHOOD and TAYLOR, JJ., concur.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)
- Snead v. United States, 513 U.S. 909 (U.S. 1994)
- Blanc v. United States, 513 U.S. 909 (U.S. 1994)