At page 451 “hale claims are cognizable in rule 3.800(a) motions if the claim can be established on the face of the record.”3 citing cases
- Jackson v. State, 803 So. 2d 842 (Fla. 1st DCA 2001).published(Hale claims are cognizable in 3.800(a) motions if the claim can be established on the face of the record.)
- Johnson v. Moore, 801 So. 2d 289 (Fla. 1st DCA 2001).publishedThe petition alleges that the trial court erred in imposing five consecutive habitual felony offender life sentences for armed robbery because the crimes did not occur in five separate episodes and further alleges that "[t]he record clearl…
- Phipps v. State, 806 So. 2d 565 (Fla. 1st DCA 2002).published
Other citing cases
- Robinson v. State, 816 So. 2d 222 (Fla. 1st DCA 2002).published
v.
STATE of Florida, Appellee.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, Samuel M. Pullins, appeals the denial of his rule 3.800(a) motion. He claims that his consecutive habitual offender sentence is illegal under Hale v. State, 630 So.2d 521 (Fla.1993). This Court has held that Hale claims are cognizable in 3.800(a) motions if the claim can be established on the face of the record. See Valdes v. State, 765 So.2d 774 (Fla. 1st DCA 2000). As Appellant has failed to point to any part of the record which[*452] establishes that the crimes were committed in a single episode, we affirm the trial court's denial of relief. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).
ERVIN, BOOTH and ALLEN, JJ., concur.