Efraimson v. State

Appellant, Andrew Efraimson, has timely appealed the imposition of his resen-tence for attempted first degree felony murder1 in which he was habitualized for the first time. Efraimson argues that the trial court violated his due process rights by resentencing him as a habitual felony offender based upon an alleged retroactive change in the interpretation of the law. See Marks v. U.S., 430 U.S. 188, 191-92, 97 S.Ct. 990, 51 L.Ed.2d 260 (1977). Specifically, Efraimson contends, without support,- that his habitualization affected his gain time. However, we find Efraimson has not been adversely…