TONY ARNETT ODOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TONY ARNETT ODOM, APPELLANT,
STATE OF FLORIDA, APPELLEE
682 So. 2d 572
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The lower court’s summary denial of appellant’s Rule 3.850 motion for postconviction relief is affirmed except as to the claim that the habitual offender, sentences were improperly made to run consecutive to each other. Appellant has asserted the offenses arose from a single criminal episode. Hale v. State, 630 So. 2d 521 (Fla.1993). The lower court must either attach portions of the record refuting the claim, conduct a hearing on the claim, or grant relief.
AFFIRMED in part; REVERSED in part and REMANDED.
DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 688 So. 2d 976 (Fla. 1st DCA 1997)…therefore error. See Wallace v. State, 463 So. 2d 467 (Fla. 2d DCA 1985). We reverse and remand the order with directions to either attach portions of the record which refute the claim, to conduct a hearing, or to grant relief. See Odom v. State, 682 So. 2d 572 (Fla. 5th DCA 1996). MINER, ALLEN and MICKLE, JJ., concur.…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)