Staley v. State, 2D01-723.
| Decision Date | 08 November 2002 |
| Docket Number | No. 2D01-723.,2D01-723. |
| Citation | 829 So.2d 400 |
| Parties | Negusse STALEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.
Richard E. Doran, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.
Negusse Staley seeks review of his judgment and sentences for home invasion robbery and burglary. We affirm Staley's convictions without comment. We reverse Staley's consecutive sentences and remand for the imposition of concurrent sentences because Staley's offenses occurred during a single criminal episode.
This case involved a late-night home invasion robbery and burglary of an apartment with two residents inside. Staley entered the apartment, took some of the residents' clothing, and stowed it in his vehicle in the course of several trips from the apartment to the vehicle. Staley then re-entered the apartment with a machete and loaded several of the residents' possessions into a cooler that was on the floor by the door. One of the residents awoke and chased Staley out of the apartment. After Staley left the apartment, the resident called 911. While the resident was on the phone with the 911 operator, Staley broke through the closed apartment door with the machete and retrieved the cooler. After a jury found Staley guilty of both charges, the court sentenced Staley to consecutive sentences of life in prison as a prison releasee offender for home invasion robbery and thirty years in prison as a habitual felony offender for burglary.
Staley argues that the trial court erred in imposing consecutive sentences in this case because the offenses arose from a single criminal episode. It is well-settled that sentences imposed under a sentencing enhancement statute may not run consecutively if the offenses occurred during a single criminal episode. Brooks v. State, 630 So.2d 527, 527 (Fla.1993); Hale v. State, 630 So.2d 521, 524 (Fla.1993); Smith v. State, 632 So.2d 95, 97 (Fla. 2d DCA 1994). In order to determine whether offenses occurred during a single criminal episode, courts look to whether there are multiple victims, whether the offenses occurred in multiple locations, and whether there has been a "temporal break" between the offenses. Garrison v. State, 654 So.2d 1176, 1177 (Fla. 1st DCA 1994).
This case is analagous to Garrison and Brooks. In Garrison, the defendant robbed a convenience store clerk and walked out of the store. 654 So.2d at 1177. He then turned around and walked back into the store, pointed the gun at the clerk, and threatened her life. Although the record did not reveal exactly how long the defendant had been out of the store, the First District inferred that he did not leave the premises. The court held that the offenses occurred during a single episode because "any temporal break between the two crimes was too brief to support a...
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