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660 So. 2d 415

Burgess v. State

District Court of Appeal of Florida

Decided September 20, 1995

District Court of Appeal of Florida · decided 1995-09-20

Relies on Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State · State v. Callaway

Decided 1995-09-20

PER CURIAM.

¶1Because of the recent decision in State v. Callaway, 658 So.2d 983 (Fla.1995), which was published after the trial court’s denial of defendant’s untimely rule 3.850 motion, the state concedes that defendant is now entitled to have the motion granted so that he can be resenteneed in accordance with Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994) (consecutive habitual felony offender sentences for multiple offenses arising out of the same criminal episode are not authorized by statute).

¶2Reversed.

GUNTHER, C.J., and DELL and KLEIN, JJ., concur.
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