Legal Opinion

McCray v. State

District Court of Appeal of Florida

Decided July 5, 2000No. 4D99-1034PublishedCited by 1 opinion

1Per curiam

The trial court sentenced appellant as a habitual felony offender, violent career criminal, and prison releasee reoffender. We remand for re-sentencing and instruct the trial court to sentence appellant under only one sentencing provision. Mendez v. State, 761 So.2d 438 (Fla. 4th DCA 2000); Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999).

We recognize that this decision conflicts with those of other districts, and, thus, certify conflict with Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999) rev. granted, 761 So.2d 329 (Fla.2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000), and Alfonso…

2Cases cited5 opinions

  1. Grant v. StateDistrict Court of Appeal of Florida · 1999
  2. Adams v. StateDistrict Court of Appeal of Florida · 1999
  3. Smith v. StateDistrict Court of Appeal of Florida · 2000
  4. Alfonso v. StateDistrict Court of Appeal of Florida · 2000
  5. Mendez v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Bryant v. StateDistrict Court of Appeal of Florida · 2000

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