Legal Opinion

McCray v. State

District Court of Appeal of Florida

Decided May 3, 1991No. 91-00386PublishedCited by 1 opinion

1Per curiam

Charles McCray appeals the summary denial of his motion for postconviction relief. We affirm in part and reverse in part.

All of the issues presented in the motion relate to the trial court’s decision to sentence McCray as a habitual felony offender. § 775.084, Fla.Stat. (1988 Supp.). Most of McCray’s arguments are without merit, or should have been raised (if at all) on direct appeal. However, we are compelled to remand this case for further proceedings regarding one issue. McCray alleges that the enhanced sentence was imposed without prior notice, and that he was unaware of the possibility…

2Cases cited1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. Simmons v. StateDistrict Court of Appeal of Florida · 1992

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