LARRY J. CALDWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY J. CALDWELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
659 So. 2d 1358
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The defendant, Larry J. Caldwell, appeals the denial of his 3.800(a) motion. We find no merit in his claims, save one. He claims he is entitled to relief under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), on the ground that he was improperly sentenced to consecutive habitual offender sentences for crimes 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parrish v. State, 662 So. 2d 769 (Fla. 4th DCA 1995)…PER CURIAM. Affirmed, without prejudice to appellant to file a properly sworn rule 3.850 motion. See, e.g., Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995). GLICKSTEIN and DELL, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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Dublin v. State, 681 So. 2d 865 (Fla. 5th DCA 1996)…e 3.850, which conforms to the requirements of that rule. See Groves v. State, 668 So. 2d 1089 (Fla. 1st DCA 1996); Burns v. State, 651 So. 2d 813 (Fla. 5th DCA 1995). See also McClain v. State, 673 So. 2d 966 (Fla. 1st DCA 1996); Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995); Gentry. AFFIRMED; REMANDED without prejudice to defendant to refile amended rule 3.850 motion. COBB and HARRIS, JJ., concur. . See, e.g., Brown v. State, 664 So. 2d 311 (Fla. 1st DCA 1995); Matthews v. State, 664 So. 2d 6 (Fl…
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Marino v. State, 719 So. 2d 1005 (Fla. 5th DCA 1998)…PER CURIAM. See Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995); State v. Callaway, 658 So. 2d 983 (Fla.1995). AFFIRMED. GOSHORN, W. SHARP and THOMPSON, JJ., concur.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Dasher v. State, 657 So. 2d 1290 (Fla. 5th DCA 1995)