Florida District Courts of Appeal, 1995

Dasher v. State

Florida District Courts of Appeal · Decided August 4, 1995 · Griffin, Sharp, Thompson

657 So. 2d 1290; 1995 Fla. App. LEXIS 8201; 1995 WL 457184 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Caldwell 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

W. SHARP, Judge.

Dasher appeals from the summary denial of his 3.800 motion. He claims he improperly received consecutive habitual sentences for two of his crimes because the two crimes were part of a single episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion. See Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994). See also Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). Dasher’s motion for appointment of counsel is denied.

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, J., dissents without opinion.

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