Florida District Courts of Appeal, 2002

Gadson v. State

Gadson v. State
Florida District Courts of Appeal · Decided December 4, 2002 · Cope, Goderich, Jorgenson
840 So. 2d 263; 2002 Fla. App. LEXIS 17876; 2002 WL 31696439 (Southern Reporter, Second Series)

Gadson v. State

Opinion of the Court

PER CURIAM.

Affirmed.

JORGENSON and GODERICH, JJ., concur.

Concurring Opinion

COPE, J.

(concurring).

One of the claims of defendant-appellant Benjamin Gadson is that his habitual offender sentences should not have been consecutive, as he contends that the three counts on which he was sentenced all arose from the same criminal episode. See Hale v. State, 630 So.2d 521 (Fla. 1993). The Hale decision was announced after the defendant’s sentences were imposed in 1991.

This particular claim had to be raised under Florida Rule of Criminal Procedure 3.850, and the present motion is time-barred as to that claim. See Dixon v. State, 730 So.2d 265 (Fla. 1999). Assuming that all three counts arose from the same criminal episode, the only avenue available to the defendant at this point would be an application for relief from the Pardon Board.

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