Opinion

Brown v. State

  • 647 So. 2d 333
  • 1994 WL 715207
Court
District Court of Appeal of Florida
Filed
Dec 28, 1994
Status
Published
On the bench
Schwartz, C.J., and Nesbitt and Green
Cited by
5 cases
Authority
More cited than 88.1%

The opinion

647 So.2d 333 (1994)

Shaun BROWN, Appellant,

v.

The STATE of Florida, Appellee.

No. 94-2067.

District Court of Appeal of Florida, Third District.

December 28, 1994.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and GREEN, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

This is an appeal from the resentencing which followed our decision in Brown v. State, 617 So.2d 1171 (Fla. 3d DCA 1993). Because the offenses in question were committed during the same criminal transaction, it was error to impose consecutive rather than concurrent habitual offender sentences. Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278 , 130 L.Ed.2d 195 (1994). The cause is remanded *334 for correction of the sentences accordingly. The defendant need not be present.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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