Felder v. State

DANAHY, Acting Chief Judge.

On this appeal from the denial of a motion for collateral relief which the trial court construed to be a motion under Florida Rule of Criminal Procedure 3.800(a), the appellant challenges his prison sentence on one offense followed by a habitual offender probation term on another offense. He argues that these sentences are improper under the holding of this court in Burrell v. State, 610 So.2d 594 (Fla. 2d DCA 1992).

The holding in Btvrrell does indeed support the appellant’s position. However, since the decision in Burrell, the Florida Supreme Court came to the…