Dasher v. State

District Court of Appeal of Florida

Dasher v. State

657 So. 2d 1290, 1995 Fla. App. LEXIS 8201, 1995 WL 457184

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1995

DocketNo. 95-1131

StatusPublished

Cited by1 cases

This text of 657 So. 2d 1290 (Dasher v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dasher v. State, 657 So. 2d 1290, 1995 Fla. App. LEXIS 8201, 1995 WL 457184 (Fla. Ct. App. 1995).

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Opinion

W. SHARP, Judge.

Dasher appeals from the summary denial of his 3.800 motion. He claims he improperly received consecutive habitual sentences for two of his crimes because the two crimes were part of a single episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion. See Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994). See also Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). Dasher’s motion for appointment of counsel is denied.

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, J., dissents without opinion.

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W. SHARP, Judge.

Dasher appeals from the summary denial of his 3.800 motion. He claims he improperly received consecutive habitual sentences for two of his crimes because the two crimes were part of a single episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion. See Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994). See also Young v. State, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). Dasher’s motion for appointment of counsel is denied.

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, J., dissents without opinion.

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Bluebook (online)

657 So. 2d 1290, 1995 Fla. App. LEXIS 8201, 1995 WL 457184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dasher-v-state-fladistctapp-1995.

Opinion

W. SHARP, Judge.

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