02-1973 GADSON V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1973 GADSON V. STATE

Case Date: 12/04/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2002

BENJAMIN GADSON, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-1973 LOWER TRIBUNAL NO. 90-6477

Opinion filed December 4, 2002. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, David H. Young, Judge. Benjamin Gadson, in proper person. Richard E. Doran, Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.

PER CURIAM.

Affirmed. JORGENSON and GODERICH, JJ., concur.

Gadson v. State Case No. 3D02-1973 COPE, J. (concurring).

One of the claims of defendant-appellant Benjamin Gadson is that his habitual offender sentences should not have been

consecutive, as he contends that the three counts on which he was sentenced all arose from the same criminal episode. Hale v. State, 630 So. 2d 521 (Fla. 1993). See

The Hale decision

was announced after the defendant's sentences were imposed in 1991. This particular claim had to be raised under Florida Rule of Criminal Procedure 3.850, and the present motion is timebarred as to that claim. (Fla. 1999). See Dixon v. State, 730 So. 2d 265

Assuming that all three counts arose from the same

criminal episode, the only avenue available to the defendant at this point would be an application for relief from the Pardon Board.

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