Wells v. State, 96-3114
| Decision Date | 19 August 1997 |
| Docket Number | No. 96-3114,96-3114 |
| Citation | 731 So.2d 680 |
| Parties | 22 Fla. L. Weekly D2010 Reginald WELLS, Appellant, v. STATE of Florida, Appellee. First District |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Duval County; Hugh A. Carithers, Jr., Judge.
Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
Reginald Wells (Wells) was convicted of two counts of battery on a law enforcement officer, two counts of resisting arrest with violence, one count of reckless driving, and one count of driving with a suspended license. The trial judge imposed concurrent county jail sentences for each conviction. In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that only one conviction for resisting an officer with violence is permitted in connection with a single criminal episode or incident. Accordingly, we reverse and remand with instructions that one of Wells's convictions for resisting arrest with violence be vacated. We affirm the judgments and sentences for all other offenses.
AFFIRMED in part and REVERSED in part.
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Morris v. State, 96-1695.
...offenses in that both convictions arose from a single episode. See Jones v. State, 711 So.2d 633 (Fla. 1st DCA 1998); Wells v. State, 731 So.2d 680 (Fla. 1st DCA 1997), review granted, 705 So.2d 10 (Fla. 1997); Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996). Contra Wallace v. State, 689......
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State v. Wells, 91279.
...Defender, Second Judicial Circuit, Tallahassee, Florida, for Respondent. PER CURIAM. We have for review Wells v. State, 22 Fla. L. Weekly D2010, 731 So.2d 680 (Fla. 1st DCA 1997), which expressly and directly conflicts with the opinion in Wallace v. State, 689 So.2d 1159 (Fla. 4th DCA 1997)......