
    Alvin WILSON, Appellant, v. STATE of Florida, Appellee.
    No. 92-133.
    District Court of Appeal of Florida, Fifth District.
    April 16, 1993.
    On Motion for Rehearing June 4, 1993.
    
      James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.
   DAUKSCH, Judge.

This is an appeal from convictions for sexual battery, burglary and kidnapping. We affirm the convictions, but because the convictions all arose from the same criminal episode it was error to sentence appellant to consecutive fifteen-year mandatory minimum sentences. The mandatory minimum sentences must be served concurrently. Daniels v. State, 595 So.2d 952 (Fla.1992).

Convictions AFFIRMED; sentences VACATED and REMANDED for resentenc-ing.

HARRIS and GRIFFIN, JJ., concur.

ON MOTION FOR REHEARING

Appellee has sought a rehearing saying this case is in conflict with Downs v. State, 616 So.2d 444 (Fla.1993) because Downs held that “when different crimes are committed in the same episode, minimum mandatory sentences can be consecutive.”

Appellee has not read Downs completely or properly applied it to this case. In this case appellant was given minimum mandatory sentences because he was deemed an habitual offender and the applicable sentencing statute requires a minimum mandatory as an enhancement to a non-minimum offense. § 775.084(4)(b), Fla.Stat. (1993). However the various offenses of which appellant was convicted do not themselves carry a minimum mandatory so stacking is prohibited. See Downs, 616 So.2d at 446 (footnote 3); Daniels v. State, 595 So.2d 952 (Fla.1992).

DENIED.

HARRIS and GRIFFIN, JJ., concur.  