Legal Opinion

Montesino v. State

District Court of Appeal of Florida

Decided August 2, 1994No. 94-191Published

1Per curiam

We find no error in the sole point directed to the convictions entered below. See Nacher v. State, 465 So.2d 598 (Fla. 3d DCA1985). As the state concedes, however, it was improper to impose consecutive habitual offender sentences for offenses committed in the same criminal episode. See Hale v. State, 630 So.2d 521 (Fla.1993). Hence, after remand, those sentences shall be made concurrent.

Affirmed as modified.

2Cases cited2 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Nacher v. StateDistrict Court of Appeal of Florida · 1985