JAMES B. MASSEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Edwards v. State, 652 So. 2d 852 (Fla. 5th DCA 1995)
  …because they arose out of a single factual event, Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994); Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994); Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994) (question certified). HARRIS, C.J., and GRIFFIN, J., concur. . See Fla.R.Crim.P. 3.800(a).…
• Massey v. State, 660 So. 2d 760 (Fla. 5th DCA 1995)
  …cause the same issue was raised in a prior Rule 3.800(a) motion and [*761] denied. However, this court affirmed the denial of the Rule 8.800(a) motion without prejudice to file a Rule 3.850 motion and did not rule on the merits. See Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994). Since the record clearly reflects that consecutive habitual felony offender sentences were imposed and the appellant’s allegation that the offenses involved arose from a single episode has not been refuted by any attachments to…
• Dasher v. State, 657 So. 2d 1290 (Fla. 5th DCA 1995)
  …received consecutive habitual sentences for two of his crimes because the two crimes were part of a single episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion. See Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994). See also Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So. 2d 1050 (Fla. 1st DCA 1994). Dasher’s motion for appointment of counsel is denied. AFFIRMED. THOMPSON, J., concurs. GRIFFIN, J., dissent…

Authorities Cited

• Hale v. State, 630 So. 2d 521 (Fla. 1993)
• Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994)
• Borders v. State, 643 So. 2d 110 (Fla. 2d DCA 1994)