MICHAEL ANTHONY BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael Anthony Bennett appeals an order which denied a motion brought pursuant to Florida Rule of Criminal Procedure 3.850 in which he challenged the imposition of consecutive habitual offender sentences. We reverse.
The trial court denied the motion as untimely, citing State v. Callaway, 658 So. 2d 983 (Fla. 1995). Callaway held that claims pursuant to Hale v. State, 630 So. 2d 521 (Fla. 1993) must be brought within the two year period following the Hale decision. After the order of the trial court, and while this appeal was pending, the Florida Supreme Court decided Dixon v. State, 24 Fla. L. Weekly S67, 730 So. 2d 265 (Fla. 1999)(holding that criminal defendants have two years from the issuance of the mandate in Callaway to file a Hale post-conviction claim). Under Dixon, the cut-off point for filing Hale claims is August 16, 1997. Because appellant’s motion was filed on June 10, 1996, it is timely under Dixon. Therefore, we reverse and remand to the trial court for further proceedings consistent with this opinion.
WOLF, KAHN and LAWRENCE, JJ., CONCUR.
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Norman v. State, 739 So. 2d 1258 (Fla. 1st DCA 1999)…ntence he received. None of the grounds raised in the motion the trial court struck here related in any way to Mr. Norman’s earlier claim that his habitual offender sentence constituted an illegal sentence. See Keel v. State, 24 Fla. L. Weekly D692, 740 So. 2d 4 (Fla. 1st DCA 1999); Bates v. State, 704 So. 2d 562, 563 (Fla. 1st DCA 1997); Kimmel v. State, 629 So. 2d 1110, 1110-11 (Fla. 1st DCA 1994). The trial court struck his motion, however, on grounds it lacked jurisdiction to consider the motion. As we…
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Jones v. State, 787 So. 2d 35 (Fla. 2d DCA 2001)…lief matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated. See Ali v. State, 732 So. 2d 481 (Fla. 2d DCA 1999); Montague v. State, 710 So. 2d 228 (Fla. 2d DCA 1998); see also Keel v. State, 740 So. 2d 4 (Fla. 1st DCA 1999). Jones’s attempts to secure transcripts were sufficiently unrelated to the multi-pronged postconviction attack on his judgment and sentence that the trial court should have entertained his motion on its merits. To hold otherwis…
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Mitchell v. State, 846 So. 2d 559 (Fla. 4th DCA 2003)…See generally Francois v. Klein, 431 So. 2d 165 (Fla.1983)(explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Keel v. State, 740 So. 2d 4 (Fla. 1st DCA 1999)(holding that a court can rule on a rule 3.850 motion when an appeal is pending from the denial of an unrelated rule 3.800(a) motion); Clark v. State, 720 So. 2d 1097 (Fla. 2d DCA 1998)(holding trial court could consider merits of…
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- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Dixon v. State, 730 So. 2d 265 (Fla. 1999)