Rousseau v. State

District Court of Appeal of Florida

Rousseau v. State

902 So. 2d 880, 2005 Fla. App. LEXIS 8011, 2005 WL 1249074

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 2005

DocketNo. 1D05-0199

StatusPublished

Cited by1 cases

This text of 902 So. 2d 880 (Rousseau 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

Rousseau v. State, 902 So. 2d 880, 2005 Fla. App. LEXIS 8011, 2005 WL 1249074 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence in which he alleged that his consecutive habitual sentences for offenses that occurred in one continuous criminal episode are illegal as announced in Hale v. State, 630 So.2d 521, 524-25 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Because the appellant has stated a facially sufficient claim for relief and the appellant’s motion, state’s response to the trial court’s order to show cause, and the trial court’s order demonstrate that he is entitled to relief, we reverse and remand. See Valdes v. State, 765 So.2d 774, 776 (Fla. 1st DCA 2000) (holding that a Hale claim is cognizable in a rule 3.800(a) motion so long as it is apparent on the face of the record).

We reject the state’s argument that the appellant’s habitual sentences were not en[881]*881hanced under section 775.084(4), Florida Statutes (1991), because the term of years did not exceed the statutory máximums therein. In State v. Hill, 660 So.2d 1384, 1384 (Fla.1995), the Supreme Court unequivocally held that “Hale ... precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.” (Emphasis added.)

We accordingly reverse the trial court’s summary denial of the appellant’s motion and remand for the trial court to either, sentence the appellant consistent with Hale and Hill or attach record portions to conclusively refute his claim.

REVERSED AND REMANDED.

WOLF, C.J., and ALLEN and BENTON, JJ., concur.

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PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence in which he alleged that his consecutive habitual sentences for offenses that occurred in one continuous criminal episode are illegal as announced in Hale v. State, 630 So.2d 521, 524-25 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). Because the appellant has stated a facially sufficient claim for relief and the appellant’s motion, state’s response to the trial court’s order to show cause, and the trial court’s order demonstrate that he is entitled to relief, we reverse and remand. See Valdes v. State, 765 So.2d 774, 776 (Fla. 1st DCA 2000) (holding that a Hale claim is cognizable in a rule 3.800(a) motion so long as it is apparent on the face of the record).

We reject the state’s argument that the appellant’s habitual sentences were not en[881]*881hanced under section 775.084(4), Florida Statutes (1991), because the term of years did not exceed the statutory máximums therein. In State v. Hill, 660 So.2d 1384, 1384 (Fla.1995), the Supreme Court unequivocally held that “Hale ... precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.” (Emphasis added.)

We accordingly reverse the trial court’s summary denial of the appellant’s motion and remand for the trial court to either, sentence the appellant consistent with Hale and Hill or attach record portions to conclusively refute his claim.

REVERSED AND REMANDED.

WOLF, C.J., and ALLEN and BENTON, JJ., concur.

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902 So. 2d 880, 2005 Fla. App. LEXIS 8011, 2005 WL 1249074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rousseau-v-state-fladistctapp-2005.

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