Davis v. State

Full title: VARROW LUCIOUS DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 11, 2001

784 So. 2d 1205 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D01-771.

Opinion filed April 11, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.

Affirmed.

Danahy, Paul W., (Senior) Judge.

Varrow 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 from the face of the record. See Allen v. State, 25 Fla. L. Weekly D2537 (Fla. 2d DCA Oct. 27, 2000).

Affirmed.

Altenbernd, A.C.J., and Whatley, J., Concur.