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670 So. 2d 1132

Tutt v. State

District Court of Appeal of Florida · decided 1996-03-29

Relies on 630 So. 2d 521 - Hale v. State · State v. Callaway · Callaway v. State

Decided 1996-03-29

PER CURIAM.

¶1Cordell Tutt appeals the summary denial of his postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial in all re*1133spects, except one. We remand for consideration of Tutt’s claim that his consecutive sentences as a violent habitual felony offender are illegal under Hale v. State 630 So.2d 521 (Fla.1993), and Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994), approved, 658 So.2d 983 (Fla.1995).

¶2Appellant must seek review of any subsequent order of the trial court within thirty days.

¶3Reversed and remanded.

SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
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