Keel v. State

Appellant challenges the trial court’s summary denial of his rule 3.800 motion in which he alleges that two five-year consecutive sentences imposed consecutive to a five-year sentence in yet another case, are illegal. We reverse the summary denial and remand for reimposition of appellant’s original 10-year habitual offender sentences.

In 1990, appellant was sentenced for three separate offenses to 10 years in prison for each offense as an habitual felony offender, with the sentences to be served concurrently. Appellant challenged the habitual offender sentencing, and this court held that he…