State v. Orr

We have for review Orr v. State, 793 So.2d 48 (Fla. 4th DCA 2001), a decision of the Fourth District Court of Appeal which cited its opinion in McFadden v. State, 773 So.2d 1237 (Fla. 4th DCA 2000), vacated, No. SC01-377, 819 So.2d 139 (Fla. May 14, 2002), as controlling authority. This Court disapproved McFadden in Terry v. State, 808 So.2d 1249 (Fla.2002). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

In this case the Fourth District concluded, pursuant to its earlier decision in McFadden, that the trial court erred when it sentenced Orr to habitual offender sentences upon…