Tutt v. State

District Court of Appeal of Florida

Tutt v. State

670 So. 2d 1132, 1996 Fla. App. LEXIS 3280, 1996 WL 139514

Procedural entryThis page is a short order in Tutt v. State. Read the opinion of the Court — 620 So. 2d 1110 →

District Court of Appeal of Florida·Decided March 29, 1996·No. No. 95-04142·Published

Opinion

PER CURIAM.

Cordell Tutt appeals the summary denial of his postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial in all re[1133]*1133spects, except one. We remand for consideration of Tutt’s claim that his consecutive sentences as a violent habitual felony offender are illegal under Hale v. State 630 So.2d 521 (Fla.1993), and Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994), approved, 658 So.2d 983 (Fla.1995).

Appellant must seek review of any subsequent order of the trial court within thirty days.

Reversed and remanded.

SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.

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PER CURIAM.

Cordell Tutt appeals the summary denial of his postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial in all re[1133]*1133spects, except one. We remand for consideration of Tutt’s claim that his consecutive sentences as a violent habitual felony offender are illegal under Hale v. State 630 So.2d 521 (Fla.1993), and Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994), approved, 658 So.2d 983 (Fla.1995).

Appellant must seek review of any subsequent order of the trial court within thirty days.

Reversed and remanded.

SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.

Tutt v. State, 670 So. 2d 1132, 1996 Fla. App. LEXIS 3280, 1996 WL 139514 (Fla. Ct. App. 1996).

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