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EFRAIMSON v. STATE

No. 4D03-3872.

901 So.2d 1002 (2005)

Andrew George EFRAIMSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Andrew Efraimson, has timely appealed the imposition of his resentence for attempted first degree felony murder1 in which he was habitualized for the first time. Efraimson argues that the trial court violated his due process rights by resentencing him as a habitual felony offender based upon an alleged retroactive change in the interpretation of the law. See Marks v. U.S., 430 U.S. 188

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