Legal Opinion

Hemphill v. State

District Court of Appeal of Florida

Decided May 5, 1995No. 94-188Published

1Per curiam

The consecutive habitual offender sentences imposed in Counts I and II are impermissible under Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), therefore we REVERSE and REMAND for resentenc-ing on those two counts. Resentencing may include restructuring to provide for a proba*302tionary period, see Jordan v. State, 568 So.2d 1011 (Fla.App. 1 Dist.1990).

BOOTH, JOANOS and WOLF, JJ., concur.

2Cases cited2 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Jordan v. StateDistrict Court of Appeal of Florida · 1990