Atterbury v. State

On Motion to Enforce Mandate

The appellant has moved to enforce the mandate of this court. In reversing appellant’s habitual felony offender sentence as illegal, we gave the state a choice on remand: “either agree to the correction of the sentence by removing the habitual offender designation on his current sentences, or the state can proceed to trial on all of the charges.” Atterbury v. State, 991 So.2d 980, 982 (Fla. 4th DCA 2008). Because the state failed to bring the appellant to trial within ninety days of the issuance of the mandate in accordance with Florida Rule of Criminal Procedure…