Legal Opinion

Donald McCormick v. State of Florida

District Court of Appeal of Florida

Decided March 9, 2016No. 4D15-3841Published

1Per curiam

■Donald McCormick- appeals an order summarily denying -his rule 3.800(a) motion to-correct illegal sentence. We affirm and write to caution the appellant against filing frivolous pleadings.

McCormick was convicted of second-degree murder in 1991. His written- sentence reflects he was sentenced to life imprisonment with a fifteen-year mandatory minimum as a habitual violent felony offender (HVFO). See § 775.084(4)(b)l., Fla. Stat. (1991) (providing that an HVFO offender who.commits a felony of the first degree may be sentenced to “life” and “shall, not be eligible for release for 15 years”).

In…

2Cases cited4 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Ives v. StateDistrict Court of Appeal of Florida · 2008
  3. White v. StateDistrict Court of Appeal of Florida · 2011
  4. Ricardo L. Whyms v. State of FloridaDistrict Court of Appeal of Florida · 2016

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