Opinion
No. 95-1131.
August 4, 1995.
3.800 Appeal from the Circuit Court for Brevard County; John Dean Moxley, Jr., Judge.
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.
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, 616 So.2d 1133 (Fla. 3d DCA 1993); Nowlin v. State, 639 So.2d 1050 (Fla. 1st DCA 1994). Dasher's motion for appointment of counsel is denied.
AFFIRMED.
THOMPSON, J., concurs.
GRIFFIN, J., dissents without opinion.