MARGIOTTI v. STATE

No. 3D02-2862.

837 So.2d 1081 (2003)

Vincent MARGIOTTI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 12, 2003.


Attorney(s) appearing for the Case

Vincent Margiotti, in proper person.

Charlie Crist, Attorney General, and Marni A. Bryson, Assistant Attorney General. for appellee.

Before COPE and RAMIREZ, JJ., and NESBITT, Senior Judge.


COPE, J.

Vincent Margiotti appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

Defendant-appellant Margiotti entered a guilty plea to several felonies in exchange for an eleven-year sentence as a habitual offender, with a ten-year mandatory term under the ten-twenty-life law. Defendant contends that he does not qualify as a habitual offender because one of the...

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