Legal Opinion

Dublin v. State

District Court of Appeal of Florida

Decided October 18, 1996No. 95-2804PublishedCited by 1 opinion

1Opinion of the Court

W. SHARP, Judge.

Dublin appeals from an order denying her motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800. She argues her consecutive habitual offender sentences are illegal because they were imposed for acts which occurred during a single criminal episode. See Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). The problem in this case is that these issues are not generally determinable in a rule 3.800 proceeding since they almost always require an eviden-tiary hearing. State v. Callaway, 658…

2Cases cited12 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. State v. CallawaySupreme Court of Florida · 1995
  3. Hall v. StateDistrict Court of Appeal of Florida · 1994
  4. Pace v. StateDistrict Court of Appeal of Florida · 1995
  5. Burns v. StateDistrict Court of Appeal of Florida · 1995

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3Cited by1 opinion

  1. Ayres v. StateDistrict Court of Appeal of Florida · 1998

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