McClain v. State
Cases that cite this one
1 later published case cites this decision.
- Dublin v. State (Fla. Dist. Ct. App. 1996)
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
The defendant, Larry Thomas McClain, appeals the denial of his motion pursuant to Florida Rule of Criminal Procedure 3.800(a). He claims he is entitled to relief under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, - U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), on the ground that he was improperly sentenced to consecutive habitual offender sentences for crimes arising out of the same criminal episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing a proper and timely motion pursuant to Florida Rule of Criminal Procedure 3.850 directed to this issue. See State v. Callaway, 658 So.2d 983
AFFIRMED.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.