Cribbs v. State

WHATLEY, Judge.

In a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), Simon Cribbs challenged his enhanced sentences as a violent career criminal (VCC). We affirm the dismissal of claim one but hold that Cribbs is entitled to relief on claim two.

Claim one of Cribbs’ motion is identical to a claim raised in a prior rule 3.800(a) motion. He obtained relief on that claim pursuant to Cribbs v. State, 978 So.2d 828 (Fla. 2d DCA 2008). The postconviction court correctly dismissed this portion of Cribbs’ motion as moot.

In claim two, Cribbs challenges the VCC sentence imposed upon…