Legal Opinion

Mumford v. State

District Court of Appeal of Florida

Decided June 15, 2011No. 3D10-2621Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

In 2001, the appellant was sentenced to life as a violent career criminal. In 2002, however, the trial court (almost certainly incorrectly1) vacated the VCC designation and imposed instead a “lesser” sentence under the habitual violent felony offender (“HVFO”) statute. The State did not appeal from that order. Notwithstanding, in 2010, the trial court vacated the HVFO sentence which had been imposed in 2002 and re-instated the more severe VCC sentence, see Clines v. State, 912 So.2d 550 (Fla.2005)(discussing consequences of various statutory designations), on the ground…

2Cases cited6 opinions

  1. Clines v. StateSupreme Court of Florida · 2005
  2. Delemos v. StateDistrict Court of Appeal of Florida · 2007
  3. Pate v. StateDistrict Court of Appeal of Florida · 2005
  4. Ubilla v. StateDistrict Court of Appeal of Florida · 2009
  5. Gardner v. StateDistrict Court of Appeal of Florida · 2010

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