FRED LEE WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to address one of the defendant's claims regarding consecutive habitual felony offender sentences.
The defendant was convicted of attempted murder and firearm possession and received consecutive habitual felony offender sentences. He argued the crim…
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[*500] BLUE, Chief Judge.
Fred Lee West appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the trial court’s order on the issues addressed in the order, but we reverse and remand for consideration of an issue that the trial court failed to address.
West was convicted of attempted murder in the second degree and possession of a firearm by a convicted felon. He received consecutive habitual felony offender sentences. West alleged that his two crimes occurred during a single criminal episode, and thus, the trial court could not impose consecutive habitual felony offender sentences. See Hale v. State, 630 So. 2d 521 (Fla.1993). West also alleged that the error is apparent on the face of the record. This claim is cognizable under rule 3.800(a) if the determination of whether the offenses were part of the same criminal episode can be made without resorting to extra-record facts. See Young v. State, 787 So. 2d 259, 260 (Fla.2001). The trial court failed to address this issue.
On July 7, 1988, West attempted to commit a murder with a gun, and on the same date, he illegally possessed a firearm. From the limited record on appeal, it appears that these crimes occurred in a single criminal episode. We reverse and remand for the trial court to review the entire record to determine how many criminal episodes occurred. If it can be determined that the crimes are from one criminal episode, West must be resen-tenced to concurrent sentences.
Affirmed in part, reversed in part, and remanded.
CASANUEVA and STRINGER, JJ„ concur.
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Clifton v. State, 905 So. 2d 1042 (Fla. 2d DCA 2005)…ch jail credit issues involve disputed issues of fact and are not appropriate for resolution on a motion filed pursuant to rule 3.800(a); they are matters that can only be resolved pursuant to rule 3.850. See Blake, 807 So. 2d 772; Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). Accordingly, we affirm with leave to file a motion pursuant to rule 3.850 within sixty days of this court’s mandate in this appeal. Affirmed. CASANUEVA and SILBERMAN, JJ., Concur.…
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Wachter v. State, 868 So. 2d 629 (Fla. 2d DCA 2004)…s in violation of Hale v. State, 630 So. 2d 521 (Fla.1993), is a cognizable rule 3.800(a) claim “if the determination of whether the offenses were part of the same criminal episode can be made without resorting to extra-record facts.” West v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). This court has held that to present a facially sufficient 3.800(a) Hale claim, the mov-ant must allege that the claim can be determined from the face of the record. See Watson v. State, 828 So. 2d 1054, 1054 (Fla. 2d DCA 2002). H…
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Ulysses Bailey v. State, 925 So. 2d 382 (Fla. 2d DCA 2006)…a motion filed pursuant to rule 3.800(a) and are matters that can only be resolved pursuant to rule 3.850. See Clifton v. State, 905 So. 2d 1042, 1044 (Fla. 2d DCA 2005); see also Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002); Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). However, based on the limited record that is before this court, we cannot determine whether Bailey’s claim can be conclusively resolved based on the record documents.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Young v. State, 787 So. 2d 259 (Fla. 2d DCA 2001)