Opinion
No. 3D04-1854.
May 25, 2005. Rehearing Denied January 12, 2006.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Bennett H. Brummer, Public Defender, and Robert Kalter Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before COPE, FLETCHER, and WELLS, JJ.
Affirmed. State v. Callaway, 658 So.2d 983, 987 (Fla. 1995) (permitting retro-active application of Hale v. State, 630 So.2d 521 (Fla. 1993), which held that the habitual offender statute did not authorize the imposition of consecutive habitual felony offender sentences for multiple crimes committed during a single criminal episode), receded from in part, Dixon v. State 730 So.2d 265, 269 n. 7 (Fla. 1999) (finding that "defendants must have already filed their 3.850 motion seeking Hale relief, at the very latest, within two years of the date our mandate in Callaway issued on August 16, 1995").