Turner v. State

Appellant seeks review of the summary denial of his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that he was improperly given consecutive habitual offender sentences for convictions arising out of the same criminal episode, contrary to Hale v. State, 630 So.2d 521 (Fla.1993). The trial court denied appellant’s motion, stating that it could not be raised pursuant to rule 3.800(a), and that it would be untimely if considered pursuant to Florida Rule of Criminal Procedure 3.850. However, appellant’s claim may properly be raised pursuant to rule 3.800(a) because…