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ODOM v. STATE

No. 96-2009.

682 So.2d 572 (1996)

Tony Arnett ODOM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 6, 1996.

Attorney(s) appearing for the Case

John C. Schaible, of Florida Institutional Legal Services, Inc., Gainesville, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The lower court's summary denial of appellant's Rule 3.850 motion for postconviction relief is affirmed except as to the claim that the habitual offender sentences were improperly made to run consecutive to each other. Appellant has asserted the offenses arose from a single criminal episode. Hale v. State, 630 So.2d 521 (Fla.1993). The lower court must either attach portions of the record refuting the claim, conduct...

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