Bennett v. State

Michael Anthony Bennett appeals an order which denied a motion brought pursuant to Florida Rule of Criminal Procedure 3.850 in which he challenged the imposition of consecutive habitual offender sentences. We reverse.

The trial court denied the motion as untimely, citing State v. Callaway, 658 So.2d 983 (Fla. 1995). Callaway held that claims pursuant to Hale v. State, 630 So.2d 521 (Fla. 1993) must be brought within the two year period following the Hale decision. After the order of the trial court, and while this appeal was pending, the Florida Supreme Court decided Dixon v. State, 24 Fla. L.…