CHARLES LEON PLEDGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-12-06
No. 4D05-3568
KLEIN and MAY, JJ., concur.
944 So. 2d 1135 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 4 cases
Topics
Prison Releasee Reoffender Sentencing Consecutive Sentences

Explore caselaw by topic → Browse Prison Releasee Reoffender Sentencing cases and more on FLexlaw

Opinion of the Court
POLEN, J.

[*1136] POLEN, J.

Appellant, Charles Leon Pledger, appeals the trial court’s final order of sentencing. Following a jury trial, Pledger was convicted of one count of false imprisonment and three counts of attempted sexual battery with force or a deadly weapon. The trial court designated Pledger a prison releasee reoffender, and sentenced Pledger to five years in prison for count one, and fifteen years each for counts two through four. The sentences for counts two through four were to be served concurrently with one another, but served consecutively to the five year sentence imposed for count one. Pledger argues that the trial court’s imposition of consecutive prison releasee reoffender sentences was illegal, since the convictions for false imprisonment and attempted sexual battery arose out of the same criminal episode.

We agree with Pledger’s argument, and reverse the consecutive sentences and remand for re-sentencing. See Wilson v. State, 467 So. 2d 996 (Fla.1985) (crimes of kidnapping and rape took place as part of a single criminal episode, and the imposition of consecutive sentences was therefore illegal).

KLEIN and MAY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Piacitelli v. State, 960 So. 2d 13 (Fla. 4th DCA 2007)
    …that an enhanced PRR sentence imposed consecutively to an un-enhanced sentence for another count arising out of the same criminal episode constitutes an illegal sentence. We agree. Recently, this court addressed a similar issue in Pledger v. State, 944 So. 2d 1135 (Fla. 4th DCA 2006). In Pledger, we reversed the trial court’s imposition of consecutive PRR sentences for convictions that arose out of the same criminal episode. We then remanded the case for re-sentencing. We are aware that the Fifth District ha…
  • Tarelo v. State, 153 So. 3d 935 (Fla. 5th DCA 2014)
    …YA, J., concur. . The Fourth District has also found these sentences lawful. See Claycomb v. State, 142 So. 3d 916 (Fla. 4th DCA 2014). In Claycomb, the Fourth District appears to have receded from its earlier opinions. See, e.g., Pledger v. State, 944 So. 2d 1135 (Fla. 4th DCA 2006).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw