Witchel v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 HOWARD H. WITCHEL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-3654 [ November 14, 2007 ] PER CURIAM. 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. * * * 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. Not final until disposition of timely filed motion for rehearing

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