Fuller v. State

Appellant challenges the lower courts decision which denied his motion brought pursuant to Rule 3.800 (a), Florida Rules of Criminal Procedure. Appellant raises several points on appeal, only one of which merits discussion, whether his fifteen-year probationary sentence on count V may run consecutive to his thirty-year habitual offender sentence on count I, even though both counts involve crimes that arose from a single criminal episode. We conclude that the consecutive sentences are not permitted and reverse for resentencing.