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CAIN v. STATE

No. 93-02030.

642 So.2d 87 (1994)

Billie Wade CAIN, a/k/a Billy Wade Cain, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 7, 1994.

Attorney(s) appearing for the Case

Stephen M. Martin of Stephen M. Martin, P.A., Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellee.

HALL, Acting Chief Judge.

The appellant, Billy Wade Cain, contends he was improperly sentenced as a habitual offender to consecutive terms of imprisonment for offenses arising out of a single criminal episode. We agree and reverse.

In December 1992, Cain pled no contest to one count of burglary and one count of grand theft for breaking into a convenience store and stealing various items therefrom. After a hearing held on April 8, 1993, Cain was sentenced to...

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