ANTHONY HARRIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAVIS, Judge.
Anthony Harris Jr. appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Harris claims that his consecutive habitual felony and habitual violent felony offender sentences are illegal. He may have a valid claim based on Hale v. State, 630 So. 2d 521 (Fla.1993), which precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders. See State v. Hill, 660 So. 2d 1384 (Fla.1995) (rejecting the claim that Hale only applies to minimum mandatory portions of enhanced habitual offender sentences). However, Harris does not allege that his crimes arose from a single criminal episode or that his claim can be determined without resort to extra-record facts. Therefore, his claim is facially insufficient. See Barron v. State, 827 So. 2d 1063 (Fla. 2d DCA 2002); Steelman v. State, 801 So. 2d 960 (Fla. 2d DCA 2001). We affirm without prejudice to whatever right Harris may have to file a facially sufficient Hale claim under rule 3.800(a).
Affirmed.
CASANUEVA and SILBERMAN, JJ., concur.
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Robinson v. State, 74 So. 3d 570 (Fla. 4th DCA 2011)…order noting the specific conditions of probation that were violated.” King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010). If a formal, written order does not exist, it is appropriate to “remand for entry of a proper order.... ” Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003). Even though the record is clear, a formal, written order specifying each condition of probation violated must be entered in this case. Therefore, we remand for entry of an order in conformity with this opinion. Robinson als…
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Butler v. State, 195 So. 3d 1147 (Fla. 2d DCA 2016)…ry of an order of revocation that comports with the trial court’s oral pronouncements and sets forth the condition(s) of probation Mr. Butler was determined to have violated. See Smith v. State, 940 So. 2d 530, 531 (Fla. 2d DCA 2006); Cato v. State, 845 So. 2d 250, 251 (Fla. 2d DCA 2003). The judgment and sentences imposed in case number 2014-CF-003581 are affirmed. Affirmed in part, reversed in part, and remanded with instructions. VILLANTI, C.J., and LUCAS, J., Concur. . See In re Anders Briefs, 581 So.…
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Harris v. State, 875 So. 2d 735 (Fla. 2d DCA 2004)…21 (Fla.1993). The trial court denied this claim finding that it can only be raised pursuant to Florida Rule of Criminal Procedure 3.850. The trial court is incorrect. Harris raised a Hale claim in a prior rule 3.800(a) motion. See Harris v. State, 845 So. 2d 250 (Fla. 2d DCA 2003). This court held that the claim was facially insufficient because Harris did not allege that his crimes occurred in “a single criminal episode or that his claim can be determined without resort to extra-record facts.” 845 So. 2d a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)
- Barron v. State, 827 So. 2d 1063 (Fla. 2d DCA 2002)
- Paletti v. Corbin, 801 So. 2d 960 (Fla. 1st DCA 2001)