VARROW LUCIOUS DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANAHY, PAUL W., (Senior) Judge.
Varrow Davis challenges the trial court’s order summarily denying his postconviction motion. Although the motion was styled a motion to correct illegal sentence, the trial eimrt properly treated the claims therein as raised pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of the motion as untimely filed. We write only to' note that Davis may raise his claim that his consecutively imposed habitual violent felony offender sentences are in violation of Hale v. State, 630 So. 2d 521 (Fla.1993), in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), providing that he alleges that the claim may be determined from the face of the record. See Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000).
Affirmed.
ALTENBERND, A.C.J., and WHATLEY, J„ concur.
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Jackson v. State, 803 So. 2d 842 (Fla. 1st DCA 2001)…gedly arising from single criminal episode, panel reversed in part and remanded for trial court to determine under rule 3.800(a) whether claim could be resolved from face of record); West v. State, 790 So. 2d 513 (Fla. 5th DCA 2001); Davis v. State, 784 So. 2d 1205 (Fla. 2d DCA 2001); Pullins v. State, 777 So. 2d 451 (Fla. 1st DCA 2001) (“Hale claims are cognizable in 3.800(a) motions if the claim can be established on the face of the record.”); Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000). Indeed, the…
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West v. State, 790 So. 2d 513 (Fla. 5th DCA 2001)…laiuay did “not irretrievably foreclose relief from consecutively-imposed habitual offender sentences growing out of the same criminal episode by means of rule 3.800, without regard to the time constraints of rule 3.850(b).” See also Davis v. State, 784 So. 2d 1205 (Fla. 2d DCA 2001); Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000). Because it is clear from the face of the record that West’s offenses arose out of a single criminal episode, appellant is entitled to relief pursuant to Hale. The state altern…
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Allen v. State, 779 So. 2d 471 (Fla. 2d DCA 2000)
- Hester v. State, 779 So. 2d 471 (Fla. 2d DCA 2000)