Gillis v. State

WALLACE, Judge.

David Crain Gillis challenges a final order summarily denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court’s order but write to clarify the appropriate basis for denial of Mr. Gillis’s motion.

In 2004, Mr. Gillis was convicted of robbery, kidnapping, and aggravated battery and was sentenced to concurrent terms of life in prison on the robbery and kidnapping charges and to thirty years in prison on the aggravated battery charge. At his original sentencing, Mr. Gillis was not designated as a habitual felony…