JAMES MCFADDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-11-27
No. 4D99-4320
KLEIN, GROSS and MAY, JJ., concur.
832 So. 2d 872 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The supreme court vacated this court’s opinion in McFadden v. State, 773 So. 2d 1237 (Fla. 4th DCA 2000), and remanded the case for reconsideration under Terry v. State, 808 So. 2d 1249 (Fla.2002). Applying Terry, we affirm the trial court’s order revoking probation and sentencing appellant to thirty years in prison as an habitual offender. KLEIN, GROSS and MAY, JJ., concur.*


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  • McFADDEN v. State, 904 So. 2d 570 (Fla. 4th DCA 2005)
    …and then vacated this court’s decision. See Terry v. State, 808 So. 2d 1249 (Fla.2002); State v. McFadden, 819 So. 2d 139 (Fla.2002). This court issued a new opinion affirming appellant’s status as a habitual felony offender. See McFadden v. State, 832 So. 2d 872 (Fla. 4th DCA 2002). On September 15, 2003, appellant moved for post-conviction relief attacking his 1996 plea as being involuntary because of the misadvice of his. lawyer. The post-conviction motion was untimely because it was filed “more than 2…

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