Edwards v. State

Full title: KENNETH EDWARDS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 11, 1995

652 So. 2d 852 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-348.

March 3, 1995. Rehearing Denied April 11, 1995.

Appeal from the Circuit Court, Lake County, Mark J. Hill, J.

Kenneth Edwards, Lawtey, pro se.

No appearance for appellee.

THOMPSON, Judge.

AFFIRMED. We affirm the summary denial of Edwards' 3.800(a)¹ motion for postconviction relief without prejudice. Although Edwards argues that the court imposed improper consecutive habitual offender sentences because they arose out of a single factual event, Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994); Borders v. State, 643 So.2d 110 (Fla. 2d DCA 1994); Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994) (question certified).

1 See Fla.R.Crim.P. 3.800(a).

HARRIS, C.J., and GRIFFIN, J., concur.