Bunch v. State

Full title: STEVE RAY BUNCH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 13, 1995

647 So. 2d 1080 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2461.

January 13, 1995.

3.800 Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.

Steve Ray Bunch, pro se.

No appearance for appellee.

PER CURIAM.

AFFIRMED. We affirm the summary denial of Bunch's 3.800(a) motion for post-conviction relief without prejudice. Although Bunch has demonstrated a prima facie case of improper consecutive habitual offender sentences under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the correct remedy to seek relief is a properly filed Rule 3.850 motion. See Callaway v. State, 642 So.2d 636 (Fla. 2d DCA 1994); Borders v. State, 643 So.2d 110 (Fla. 2d DCA 1994); Massey v. State, 648 So.2d 785 (Fla. 5th DCA 1994).

DAUKSCH, DIAMANTIS and THOMPSON, JJ., concur.