Rose v. State

Willie Lee Rose challenges the trial court’s determination that he is entitled to no relief on remand from this court’s decision in Rose v. State, 698 So.2d 380 (Fla. 2d DCA 1997). There, we reversed the trial court’s order denying Rose’s motion for postconviction relief and remanded with directions to the trial court to determine if his habitual offender sentence required vacation under the dictates of State v. Johnson, 616 So.2d 1 (Fla.1993).1 On remand, the trial court correctly concluded that relief is afforded under Johnson only to those habitual offenders whose sentences were imposed…