District Court of Appeal of Florida November 29, 1995, No. 95-1090 (Scott v. State)

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United States · · · 29-11-1995

PER CURIAM.

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.1 See State v. Callaway, 658 So.2d 983 (Fla.1995).

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