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Witchel v. State

District Court of Appeal of Florida, Fourth District
Nov 14, 2007
969 So. 2d 1143 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-3654.

November 14, 2007.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jorge Labarga, Judge; L.T. Case No. 02-7364 CFA02.

Howard Witchel, Moore Haven, pro se.

No appearance required for appellee.


Affirmed. Appellant demonstrated no illegality in the trial court's imposing consecutive sentences in this case, where the sentences were not enhanced. See § 921.16(1), Fla. Stat. (2000); § 921.0024(2), Fla. Stat. (2000); § 775.021(4), Fla. Stat. (2000); Almendares v. State, 916 So.2d 29 (Fla. 4th DCA 2005) (explaining that generally, judge may sentence defendant either concurrently or consecutively; the exception precluding consecutive sentencing under various enhancement statutes for offenses occurring in a single criminal episode does not apply if the defendant was not sentenced pursuant to a sentencing enhancement statute).

GUNTHER, POLEN and HAZOURI, JJ., concur.


Summaries of

Witchel v. State

District Court of Appeal of Florida, Fourth District
Nov 14, 2007
969 So. 2d 1143 (Fla. Dist. Ct. App. 2007)
Case details for

Witchel v. State

Case Details

Full title:Howard H. WITCHEL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 14, 2007

Citations

969 So. 2d 1143 (Fla. Dist. Ct. App. 2007)