Gilmore v. State

GRIMES, Justice.

Pursuant to article V, section 3(b)(4), Florida Constitution, we review Gilmore v. State, 528 So.2d 416 (Fla. 2d DCA 1988), because of certified conflict with Hall v. State, 511 So.2d 1038 (Fla. 1st DCA 1987).

On November 17, 1988, this Court quashed the opinion of the First District Court of Appeal in Hall. On the same date, we issued an opinion in McCuiston v. State, 534 So.2d 1144 (Fla.1988), in which we held that a guidelines departure sentence predicated upon habitual offender status cannot be collaterally attacked by motion for postconviction relief under Florida Rule of…