SPILLANE v. STATE

No. 93-00258.

647 So.2d 1000 (1994)

Charles SPILLANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1994.


Attorney(s) appearing for the Case

Kathleen M. Calcutt, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Judge.

Appellant maintains that he was improperly sentenced to two consecutive habitual offender sentences. We agree and, accordingly, vacate the sentences and remand for resentencing.

Appellant was convicted of possession of burglary tools and burglary of a structure and was found to be a habitual offender. The burglary tools that appellant was apprehended with, wire cutters and gloves, both were shown during trial to have been used during the burglary...

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