Burgess v. State
Burgess v. State
660 So. 2d 415; 1995 Fla. App. LEXIS 9925; 1995 WL 552982
(Southern Reporter, Second Series)
Burgess v. State
Opinion of the Court
Because of the recent decision in State v. Callaway, 658 So.2d 983 (Fla. 1995), which was published after the trial court’s denial of defendant’s untimely rule 3.850 motion, the state concedes that defendant is now entitled to have the motion granted so that he can be resenteneed in accordance with Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994) (consecutive habitual felony offender sentences for multiple offenses arising out of the same criminal episode are not authorized by statute).
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.