McCRAY v. STATE

No. 3D02-2801.

838 So.2d 1213 (2003)

Martin Luther McCRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 2003.


Attorney(s) appearing for the Case

Martin Luther McCray, in proper person.

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

Before COPE, GODERICH and FLETCHER, JJ.


On Rehearing Denied

PER CURIAM.

Defendant-appellant Martin Luther McCray argues that under the oral pronouncement of his sentence, the counts on which he was sentenced as a habitual violent felony offender ("HVFO") should be fifteen years, not life with a mandatory minimum sentence of fifteen years. The defendant maintains that he is entitled to relief under Ashley v. State, 28 Fla. L. Weekly S 18, 2003 WL 60564 (Fla. Jan. 9, 2003).

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