JOHN ALLAN DASHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN ALLAN DASHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
657 So. 2d 1290
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
W. SHARP, Judge.
Dasher appeals from the summary denial of his 3.800 motion. He claims he improperly 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., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995)…imes arising out of the same criminal episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion directed to this issue. See State v. Callaway, 658 So. 2d 983 (Fla.1995); Dasher v. State, 657 So. 2d 1290 (Fla. 5th DCA 1995). AFFIRMED. COBB, HARRIS and GRIFFIN, JJ., concur.…
Authorities Cited
- Young v. State, 616 So. 2d 1133 (Fla. 3d DCA 1993)
- Nowlin v. State, 639 So. 2d 1050 (Fla. 1st DCA 1994)
- Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994)