State v. Mosley
Annotate this CaseAfter a jury trial, Defendant was convicted of lewd and lascivious molestation of a person younger than sixteen and aggravated stalking of a minor under the age of sixteen. Defendant was sentenced as a prison releasee reoffender (PRR) to consecutive sentences for each charge. Defendant subsequently filed a motion to correct a sentencing error, arguing that his PRR sentences were illegal because his two convictions arose from a single criminal episode. The trial court denied Defendant’s motion, concluding that even if Defendant’s convictions arose from a single criminal episode, Defendant could still receive consecutive PRR sentences. The First District Court of Appeal remanded for resentencing, holding that PRR sentences may not be ordered to run consecutively when the crimes were committed during a single criminal episode and that Defendant’s convictions arose from a single criminal episode. The Supreme Court quashed the First District’s decision, holding that a trial court may impose consecutive PRR sentences on a defendant for crimes committed during a single criminal episode.
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