10-5085 CORRY JEROD PRESTON, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-5085

Case Date: 05/18/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CORRY JEROD PRESTON, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 18, 2012. An appeal from the Circuit Court for Alachua County. Phyllis M. Rosier, Judge. Nancy A. Daniels, Public Defender, and Maria Ines Suber, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5085

VAN NORTWICK, J. Corry Jerod Preston appeals his convictions and sentences for battery and two counts of aggravated stalking. We affirm his convictions without further

comment.

We agree with Preston, however, that it was error to impose

consecutive sentences for the two counts of aggravated stalking. Preston was sentenced as a prison releasee reoffender (PRR) and PRR sentences may not be ordered to run consecutively when the crimes were committed during a single criminal episode. Robinson v. State, 829 So. 2d 984, 985 (Fla. 1st DCA 2002). The state's amended information against Preston charged burglary with battery, and two counts of aggravated stalking, one based upon a violation of court order contrary to section 784.048(4), Florida Statutes (2009), and one based upon making a credible threat contrary to section 784.048(3), Florida Statutes (2009). Krystal L. Foxworth and her mother Willa Dean Foxworth, were alleged as the alternative victims in both stalking counts. With respect to Count II, charging aggravated stalking by a violation of a court order, the jury determined only Krystal was a victim. With respect to Count III, charging aggravated stalking by credible threat, the jury determined Krystal and her mother were victims. Appellant was convicted of simple battery which was enhanced to a felony because of a prior misdemeanor battery. He qualified as a prison releasee reoffender and was sentenced to five years each on the three convictions to run consecutively. Section 784.048(1) of the stalking statute contains the definitions of "harass," "course of conduct," and "credible threat." "Harass" means engaging "in a course of conduct directed at a specific person that causes substantial emotional 2

distress in such person and serves no legitimate purpose."

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