Allen v. State

SALCINES, Judge.

Jesse R. Allen, a/k/a Jessie R. Allen, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.

Allen was sentenced to consecutive prison terms as a habitual offender in 1989. Under certain circumstances which appear to be applicable in the present case, such a sentence became illegal after Hale v. State, 630 So.2d 521 (Fla.1993). See Adams v. State, 755 So.2d 678, 680 (Fla. 2d DCA 1999). The supreme court stated, in State v. Callaway, 658 So.2d 983, 987 (Fla.1995), that Hale should be applied retroactively.

Allen has…