Opinion
No. 95-1961.
September 8, 1995.
3.800 Appeal from the Circuit Court for Lake County; G. Richard Singeltary, Judge.
Larry J. Caldwell, Mayo, pro se.
No appearance for appellee.
The defendant, Larry J. Caldwell, appeals the denial of his 3.800(a) motion. We find no merit in his claims, save one. He claims he is entitled to relief under Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), on the ground that he was improperly sentenced to consecutive habitual offender sentences for crimes arising out of the same criminal episode. Because such a claim is factually based, we affirm the denial without prejudice to his filing of a 3.850 motion directed to this issue. See State v. Callaway, 658 So.2d 983 (Fla. 1995); Dasher v. State, 657 So.2d 1290 (Fla. 5th DCA 1995).
AFFIRMED.
COBB, HARRIS and GRIFFIN, JJ., concur.