DERRICK R. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Single Criminal Episode cases and more on FLexlaw
PER CURIAM.
The appellant, Derrick R. Williams, challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find merit only in his contention that his consecutive habitual felony offender sentences are illegal under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), and State v. Callaway, 658 So. 2d 983 (Fla.1995). The trial court denied relief to Williams on this claim without attaching any records to refute the allegation.
We reverse and remand for a determination of whether Williams’ sentences were imposed in violation of the prohibition against stacking habitual offender sentences for multiple offenses occurring during a single criminal episode. See Willis v. State, 640 So. 2d 220 (Fla. 2d DCA 1994).
Affirmed in part, reversed in part, and remanded for further proceedings.
THREADGILL, C.J., and FULMER and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 685 So. 2d 55 (Fla. 2d DCA 1996)…s the trial court’s denial, on remand, of his motion for postconvic [*56] tion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant’s motion was initially summarily denied by the trial court. This court, in Williams v. State, 667 So. 2d 941 (Fla.2d DCA 1996), reversed and remanded for a determination of whether under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), appellant was unlawfully sentenced to consecutive habitual offende…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Donnie Willis v. State, 640 So. 2d 220 (Fla. 2d DCA 1994)