Brown v. State

Full title: David Lee Brown, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Mar 11, 2015

159 So. 3d 363 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D15–242.

2015-03-11

David Lee BROWN, Appellant, v. The STATE of Florida, Appellee.

David Lee Brown, in proper person. Pamela Jo Bondi , Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Teresa Mary Pooler, Judge.
David Lee Brown, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before SUAREZ, EMAS and SCALES, JJ.

PER CURIAM.

Affirmed. See State v. Calloway, 658 So.2d 983 (Fla.1995), receded from in part on other grounds in Dixon v. State, 730 So.2d 265 (Fla.1999), (holding that a postconviction motion, alleging trial court improperly imposed consecutive enhanced sentences for crimes arising from a single criminal episode, must be timely filed pursuant to Florida Rule of Criminal Procedure 3.850 (rather than rule 3.800), where the resolution of the motion requires factual determinations and cannot be determined upon the face of the record). See also Burgess v. State, 831 So.2d 137 (Fla.2002); Flores v. State, 745 So.2d 977 (Fla. 3d DCA 1999).