Legal Opinion

Selway v. State

District Court of Appeal of Florida

Decided November 14, 2003No. 5D02-2506Published

1Opinion of the CourtThompson, J.

Gary S. Selway appeals an order denying his motion to correct sentence. We affirm.

In April 1994, Selway was convicted of aggravated battery and armed trespass in a structure. At sentencing, utilizing an Ohio sexual battery conviction as a predicate, the court classified and sentenced Selway as a habitual violent felony offender. On numerous occasions, Selway has filed 3.800 motions contending that he is entitled to relief because the Ohio sexual battery statute1 is not analogous to Florida’s sexual battery statute2 and should not have been used as a predicate for habitual-ization. These…

2Cases cited1 opinion

  1. Rager v. StateDistrict Court of Appeal of Florida · 1998

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