Florida District Courts of Appeal, 1995

Gentry v. State

Florida District Courts of Appeal · Decided April 7, 1995 · Cobb, Peterson, Thompson

652 So. 2d 518; 1995 Fla. App. LEXIS 3576; 1995 WL 150285 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gentry v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The summary denial of Gentry’s 3.800(a) motion to correct an illegal sentence is affirmed without prejudice. Gentry alleges illegal 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. Bunch v. State, 647 So.2d 1080 (Fla. 5th DCA 1995); Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994) (question certified), review granted, (Fla. Feb. 15, 1995); Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994).

AFFIRMED.

COBB, PETERSON and THOMPSON, JJ., concur.

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