Florida District Courts of Appeal, 1995

Bunch v. State

Bunch v. State
Florida District Courts of Appeal · Decided January 13, 1995 · Dauksch, Diamantis, Thompson
647 So. 2d 1080; 1995 Fla. App. LEXIS 115; 1995 WL 10499 (Southern Reporter, Second Series)

Bunch v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. We affirm the summary denial of Bunch’s 3.800(a) motion for post-conviction relief without prejudice. Although Bunch has demonstrated a prima facie case of improper consecutive habitual offender sentences under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Callaway v. State, 642 So.2d 636 (Fla.2d DCA 1994); Borders v. State, 643 So.2d 110 (Fla.2d DCA 1994); Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994).

DAUKSCH, DIAMANTIS and THOMPSON, JJ., concur.

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