Jackson v. State

Appellant alleges that his consecutive habitual offender sentences arose from a single criminal episode and that the trial court erred in denying relief. We reverse.

Appellant previously filed a motion pursuant to Fla. R.Crim. P. 3.800 asserting the above-stated claim. This court affirmed the trial court’s denial of relief but cited cases that make clear that denial of relief was without prejudice to appellant’s filing a timely motion pursuant to Fla. R.Crim. P. 3.850. Jackson v. State, 654 So.2d 1267 (Fla. 1st DCA 1995).

The supreme court ruled that a trial court is not authorized under the…