JESSE R. ALLEN, A/K/A JESSIE R. ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's motion to correct an illegal sentence was facially sufficient and should not have been summarily denied.
The defendant was sentenced as a habitual offender in 1989. A subsequent supreme court ruling in Hale v. State made certain consecutive habitual offen…
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SALCINES, Judge.
Jesse R. Allen, a/k/a Jessie R. Allen, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.
Allen was sentenced to consecutive prison terms as a habitual offender in 1989. Under certain circumstances which appear to be applicable in the present case, such a sentence became illegal after Hale v. State, 630 So. 2d 521 (Fla.1993). See Adams v. State, 755 So. 2d 678, 680 (Fla. 2d DCA 1999). The supreme court stated, in State v. Callaway, 658 So. 2d 983, 987 (Fla.1995), that Hale should be applied retroactively.
Allen has filed a facially sufficient motion which alleges that the application of the rule in Hale may be determined without resort to extra-record facts. See Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000). We therefore reverse the circuit court’s order and remand for the circuit court to review the record in accordance with Allen’s prior appeal. If his motion is sup ported by the record, Allen must be resen-tenced in accordance with Hale.
Reversed and remanded.
CASANUEVA and COVINGTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Adams v. State, 755 So. 2d 678 (Fla. 2d DCA 1999)
- Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000)
- Hester v. State, 779 So. 2d 471 (Fla. 2d DCA 2000)