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GRAY v. STATE

No. 90-1002.

593 So.2d 322 (1992)

David GRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 18, 1992.

Attorney(s) appearing for the Case

David Gray, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

PER CURIAM.

Affirmed.

HUBBART and GERSTEN, JJ., concur.

FERGUSON, Judge (concurring).

I concur in denying the motion for relief from the judgment of conviction pursuant to Florida Rule of Criminal Procedure 3.850. In light of substantial data compiled elsewhere which suggest that state attorneys are unconstitutionally selective in the use of the habitual offenders statute to enhance sentences, I would leave the sentence question for another...

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