McNEAL v. STATE

No. 5D03-3101.

859 So.2d 579 (2003)

Doneel McNEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 2003.


Attorney(s) appearing for the Case

Doneel McNeal, Quincy, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

Doneel McNeal appeals the summary denial of his second rule 3.850 motion. All of the grounds contained for reversal alleged by Mr. McNeal are either successive, time barred, or barred by the law of the case doctrine, except for his assertion that his habitual offender sentence is illegal. Because Mr. McNeal could not legally be habitualized under the version of the statute under which he was convicted, we reverse.

Mr. McNeal pled guilty to trafficking...

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