Benjamin v. State

667 So.2d 437 (1996)

John Lester BENJAMIN, Appellant,

v.

STATE of Florida, Appellee.

No. 95-04460.

District Court of Appeal of Florida, Second District.

January 24, 1996.

John Lester Benjamin appeals the summary denial of his postconviction motion. It is asserted that the imposition of a six-year sentence of incarceration as a habitual offender and a consecutive sentence of four years' probation as a habitual offender is improper under the dictates of Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Benjamin's argument is well-taken as the…