VICTOR PEEL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
For the third degree felony of burglary of a structure, Victor Peel, Jr. was sen tenced as a habitual felony offender to 10 years in prison. On a grand theft charge, he was sentenced as a habitual offender to five years consecutive to the sentence on the burglary charge. Peel filed a motion to correct sentencing error, which was considered denied because the trial court did not rule on the motion. See Fla. R.Crim. P. 3.800(b)(1)(B). This sentence is contrary to Hale v. State, 630 So. 2d 521 (Fla.1993); see also Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA 2004) (holding that under Hale, a non-habitual offender sentence cannot run consecutively to an habitual offender sentence that exceeded the statutory maximum for the degree of felony subject to enhanced sentencing); Kiedrowski v. State, 876 So. 2d 692, 693 (Fla. 1st DCA 2004) (same). We remand to the circuit court for appellant to be resentenced to a five-year term concurrent with the sentence on the burglary charge.
WARNER, FARMER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hollins v. State, 231 So. 3d 6 (Fla. 4th DCA 2017)…nize we have relied on Hale to hold that a non-habitual offender sentence cannot run consecutively to a habitual offender sentence that exceeded the statutory maximum for the degree of felony subject to enhanced sentencing. See, e.g., Peel v. State, 970 So. 2d 946, 946 (Fla. 4th DCA 2008). But see Mills v. State, 23 So. 3d 186 (Fla. 1st DCA 2009) (“[Consecutive HFO and non-HFO sentences imposed for crimes committed during a single criminal episode are legal if the aggregate sentence is less than that which co…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA 2004)
- Kiedrowski v. State, 876 So. 2d 692 (Fla. 1st DCA 2004)