JULIUS MCGRIFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JULIUS MCGRIFF, APPELLANT,
STATE OF FLORIDA, APPELLEE
775 So. 2d 371
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant challenges an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand in part for the trial court to consider the merits of appellant’s allegation that his second-degree murder conviction was enhanced to a life felony for use of a firearm, and therefore, he could not be sentenced as a habitual felony offender. See Lamont v. State, 610 So. 2d 435 (Fla.1992). We affirm the case in all other aspects.
AFFIRMED in part and REVERSED in part, with directions.
BARFIELD, C.J., WEBSTER and VAN NORTWICK, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McGRIFF v. State (Fla. 1st DCA 2007)…part and reversed in part, directing the trial court to reconsider the claim that because the second-degree murder conviction had been enhanced to a life felony, Appellant could not be sentenced as an habitual felony offender. See McGriff v. State, 775 So. 2d 371 (Fla. 1st DCA 2000). On remand, the trial court entered an amended judgment and sentence reflecting that Appellant’s life sentence was no longer an habitual felony offender sentence. Both parties appealed the trial court’s action. McGriff v. State,…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)