WASHAWITZ v. STATE

No. 93-817.

644 So.2d 131 (1994)

Joseph Henry WASHAWITZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 23, 1994.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.


PER CURIAM.

We hold that the trial court erred in sentencing appellant, Joseph Washawitz, to consecutive sentences under section 775.084, Florida Statutes, the habitual offender statute. Brooks v. State, 630 So.2d 527 (Fla. 1993). Accordingly, we reverse and remand for the trial court to resentence appellant so that the 30-year sentence imposed on Count II runs concurrently with the two 10-year sentences imposed on Counts...

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