Legal Opinion

Robert McManus v. State of Florida

District Court of Appeal of Florida

Decided November 12, 2015No. 1D15-2957Published

1Per curiam

Robert McManus appeals the summary denial of his motion seeking postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons discussed below, we reverse and remand for further proceedings.

In McManus’ rule 3.800(a) motion, he asserted that the life sentence imposed for his 1982 attempted first-degree murder conviction is illegal pursuant to Traylor v. State, 785 So.2d 1179, 1181 (Fla.2000), which held it was improper to reclassify attempted first-degree murder to a life felony based upon the use of a deadly weapon where it was unclear whether the…

2Cases cited4 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Traylor v. StateSupreme Court of Florida · 2000
  3. Swain v. StateDistrict Court of Appeal of Florida · 2005
  4. Holton v. StateDistrict Court of Appeal of Florida · 2010

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