CALVIN B. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*776] SALCINES, Judge.
Calvin Johnson challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Johnson’s sole claim was that his consecutive habitual violent felony offender sentences were illegally imposed in violation of Hale v. State, 630 So. 2d 521 (Fla.1993). Because Johnson failed to allege that his claim could be determined without resort to extra-record facts, his motion is facially insufficient. See Steelman v. State, 801 So. 2d 960 (Fla. 2d DCA 2001). We therefore affirm without prejudice to any right Johnson might have to file a facially sufficient claim under rule 3.800(a). See id.
Affirmed.
WHATLEY, J., and DANAHY, PAUL W., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barron v. State, 827 So. 2d 1063 (Fla. 2d DCA 2002)….850 claim. A Hale claim may be cognizable under rule 3.800(a). However, in order to state a facially sufficient claim under that rule, Barron must allege that his claim can be determined without resort to extra-record facts. See Johnson v. State, 807 So. 2d 775 (Fla. 2d DCA 2002); Steelman v. State, 801 So. 2d 960 (Fla. 2d DCA 2001). Therefore, we affirm without prejudice to any right Barron might have to file a facially sufficient claim under rule 3.800(a). Affirmed in part, reversed in part, and remand…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Paletti v. Corbin, 801 So. 2d 960 (Fla. 1st DCA 2001)