STATE OF FLORIDA, APPELLANT,
v.
JULIUS MCGRIFF, APPELLEE

Fla. 1st DCA | 2002-04-26
No. 1D01-2199
WEBSTER, LEWIS and POLSTON, JJ., concur.
819 So. 2d 817 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state appeals the trial court’s removal of habitual offender designation from the appellant’s sentence after remand from this Court. However, this appeal falls under none of the permitted appeal-able orders under Florida Rule of Appellate Procedure 9.140(c)(1). Therefore, we dismiss this appeal for lack of jurisdiction.

DISMISSED.

WEBSTER, LEWIS and POLSTON, JJ., concur.


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  • McGRIFF v. State (Fla. 1st DCA 2007)
    …d 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, 796 So. 2d 1207 (Fla. 1st DCA 2001); State v. McGriff, 819 So. 2d 817 (Fla. 1st DCA 2002). During the pen-dency of the appeal, Appellant filed a rule 3.800(b)(2) motion to correct sentencing errors; the trial court granted the motion [*2] and vacated Appellant’s life sentence. On June 20, 2003, the trial court resente…

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