From Casetext: Smarter Legal Research

Valdez v. State

District Court of Appeal of Florida, First District
Jul 16, 1997
696 So. 2d 958 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-4942

Opinion filed July 16, 1997.

An appeal from the Circuit Court for Duval County. John D. Southwood, Judge.

Appellant pro se.

No appearance for Appellee.


Based upon our recent decision in Richardson v. State, 22 Fla. L. Weekly D1498 (Fla. 1st DCA June 17, 1997) (criminal division en banc), we affirm the denial of appellant's motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). As in Richardson, we certify to the supreme court the following question:

ARE CONSECUTIVE HABITUAL FELONY OFFENDER SENTENCES FOR MULTIPLE OFFENSES ARISING FROM A SINGLE CRIMINAL EPISODE, PROSCRIBED BY HALE V. STATE, 630 So.2d 521 (Fla. 1993), ILLEGAL WITHIN THE MEANING OF RULE 3.800(a), WHEN NO SINGLE SENTENCE EXCEEDS THE STATUTORY MAXIMUM PROVIDED BY LAW?

AFFIRMED.

ALLEN, WEBSTER and MICKLE, JJ., CONCUR.


Summaries of

Valdez v. State

District Court of Appeal of Florida, First District
Jul 16, 1997
696 So. 2d 958 (Fla. Dist. Ct. App. 1997)
Case details for

Valdez v. State

Case Details

Full title:JAMES A. VALDEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 16, 1997

Citations

696 So. 2d 958 (Fla. Dist. Ct. App. 1997)

Citing Cases

Valdes v. State

This motion was denied on the authority of State v. Callaway, 658 So.2d 983 (Fla. 1991). The trial court…