JESSIE R. ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jessie R. Allen appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of the motion as untimely filed. However, we note that Allen may raise the claim that his consecutively imposed habitual offender sentences are in violation of Hale v. State, 630 So. 2d 521 (Fla.1993), in a motion filed pursuant to Florida Rule-of Criminal Procedure 3.800(a), providing that he alleges “that the application of the rule in Hale may be determined without resort to extra-record facts.”1 Adams v. State, 755 So. 2d 678, 680 (Fla. 2d DCA 1999).
Affirmed.
PATTERSON, C.J., and WHATLEY and NORTHCUTT, JJ., Concur. . The jury convicted Allen of delivery and possession of cocaine. The judgment and sentences were upheld by this court. See Allen v. State, 579 So. 2d 112 (Fla. 2d DCA 1991). There might be a transcript of the trial available for the trial court to use in determining whether the offenses arose out of the same criminal episode should Allen file a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a).
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Jackson v. State, 803 So. 2d 842 (Fla. 1st DCA 2001)….200(a)(1) (“Except as otherwise designated by the parties, the record shall consist of the original documents, exhibits, and [*845] transcript(s) of proceedings, if any, filed in the lower tribunal.... ”); Wilson, 802 So. 2d at 360; Allen v. State, 779 So. 2d 471 & n. 1 (Fla. 2d DCA 2000); Howard v. State, 724 So. 2d 599 (Fla. 2d DCA 1998); Poole v. State, 659 So. 2d 309 (Fla. 1st DCA 1994) (in rule 3.800(a) claim that consecutive minimum mandatory HVFO sentences were illegal where acts arose from single cri…
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Young v. State, 787 So. 2d 259 (Fla. 2d DCA 2001)…His claim is facially insufficient as a rule 3.800(a) motion because he failed to assert that the determination of whether the offenses were part of the same criminal episode could be made “without resort to extra-record facts.” See Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000); Adams v. State, 755 So. 2d 678 (Fla. 2d DCA 1999). We, therefore, affirm this claim without prejudice to any right Young might have to file a facially sufficient claim under rule 3.800(a) or a timely motion under rule 3.850. We…
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Varrow Lucious Davis v. State, 784 So. 2d 1205 (Fla. 2d DCA 2001)…in violation of Hale v. State, 630 So. 2d 521 (Fla.1993), in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), providing that he alleges that the claim may be determined [*1206] from the face of the record. See Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000). Affirmed. ALTENBERND, A.C.J., and WHATLEY, J„ concur.…
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- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Adams v. State, 755 So. 2d 678 (Fla. 2d DCA 1999)