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784 So. 2d 1205

Docket No. 2D01-771.

Davis v. State

Varrow Lucious DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2001-04-11

Cited by 2 later decisions — most recently December 2001

2 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-11

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¶1DANAHY, PAUL W., (Senior) Judge.

¶2Varrow Davis challenges the trial court's order summarily denying his postconviction motion. Although the motion was styled a motion to correct illegal sentence, the trial court properly treated the claims therein as raised pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's denial of the motion as untimely filed. We write only to note that Davis may raise his claim that his consecutively imposed habitual violent felony offender sentences are in violation of Hale v. State,630 So.2d 521 (Fla.1993), in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), providing that he alleges that the claim may be determined *1206 from the face of the record. See Allen v. State,779 So.2d 471 (Fla. 2d DCA 2000).

¶3Affirmed.

¶4ALTENBERND, A.C.J., and WHATLEY, J., concur.

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