DASHER v. STATE

No. 95-1131.

657 So.2d 1290 (1995)

John Allan DASHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 4, 1995.


Attorney(s) appearing for the Case

John Allan Dasher, Sharpes, pro se.

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Hall, Asst. Atty. Gen., Daytona Beach, for appellee.


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,

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