Legal Opinion

Reeves v. State

District Court of Appeal of Florida

Decided November 23, 2011No. 4D10-1654Published

1Per curiam

Jean E. Reeves (Defendant) appeals an order summarily denying her rule 3.800(a) motion to correct illegal sentence. We affirm.

First, a challenge to the voluntariness of the plea is not cognizable in a rule 3.800(a) motion. Second, a habitual felony offender sentence may be imposed, consecutive to a guidelines sentence, without violating Hale.1 Gipson v. State, 616 So.2d 992 (Fla.1993) (approving Second District’s decision affirming imposition of two concurrent guidelines sentences, to be served consecutively to defendant’s several HFO sentences); Thomas v. State, 831 So.2d 762 (Fla. 4th DCA…

2Cases cited5 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Hale v. StateSupreme Court of Florida · 1993
  3. LaFleur v. StateDistrict Court of Appeal of Florida · 1995
  4. Gipson v. StateSupreme Court of Florida · 1993
  5. Thomas v. StateDistrict Court of Appeal of Florida · 2002

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