Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided April 2, 2003No. 2D02-1940Published

1Opinion of the Court

STRINGER, Judge.

Calvin B. Johnson challenges the trial court order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, all but one of Johnson’s claims.

Johnson alleges that he was illegally sentenced as a habitual offender for six counts of attempted murder of a law enforcement officer, because that offense is a life felony and life felonies were not subject to enhanced punishment as a habitual offender under the statute in effect at the time of the offense. We agree. See Cole v. State, 716 So.2d 325 (Fla. 2d DCA 1998). This claim is…

2Cases cited3 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 1991
  2. Cole v. StateDistrict Court of Appeal of Florida · 1998
  3. McMaster-Wade v. StateDistrict Court of Appeal of Florida · 2002

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