Florida District Courts of Appeal, 1996

McClain v. State

Florida District Courts of Appeal · Decided May 23, 1996 · No. 95-4294 · Lawrence, Mickle, Webster

673 So. 2d 966; 1996 Fla. App. LEXIS 6234; 1996 WL 271605 (Southern Reporter, Second Series)

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

PER CURIAM.

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 *967(Fla. 1995); Pace v. State, 662 So.2d 1001 (Fla. 1st DCA 1995).

AFFIRMED.

WEBSTER, LAWRENCE and MICKLE, JJ., concur.

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