McGriff v. State

Appellant challenges the trial court’s order denying his motion for postconviction relief. Because the trial court improperly held that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), do not apply to Appellant’s case, we reverse.

On November 13, 1988, Appellant was convicted of second-degree murder with a firearm, armed burglary with a firearm, and armed robbery with a firearm. Appellant was sentenced as an habitual felony offender to an upward departure sentence of life imprisonment…