Brown v. State

Charlie Brown, Jr., appeals the trial court’s order which denied his motion for post-conviction relief. The movant asserted that his consecutive sentencing was contrary to Hale v. State, 630 So.2d 521 (Fla.1993). The motion was denied on grounds that this issue was previously raised in a 3.850 motion, denied on its merits, and this court affirmed the decision. However, the affirmance was predicated on facial insufficiency of the motion and not a determination that the correct legal result on the Hale issue had been reached. See Brown v. State, 649 So.2d 349 (Fla. 1st DCA 1995). Denial of the…