Opinion
No. 95-1090.
November 29, 1995.
An appeal from the Circuit Court for Okaloosa County; G. Robert Barron, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General; Thomas Crapps, Assistant Attorney General, Tallahassee, for appellee.
We find that the trial court improperly dismissed appellant's 3.850 petition as being untimely and constituting a successive 3.850 motion where appellant alleges that he received consecutive habitual offender sentences for crimes committed during a single criminal episode. See State v. Callaway, 658 So.2d 983 (Fla. 1995). We, therefore, reverse the order of the trial court to either attach those portions of the record which refute appellant's allegation, grant an evidentiary hearing, or grant the relief requested by appellant.
Appellee does not challenge the sufficiency of the allegations.
WOLF, LAWRENCE and BENTON, JJ., concur.