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GRIFFIN v. McNEIL

No. 4D08-4292.

995 So.2d 1178 (2008)

David W. GRIFFIN, Petitioner, v. Walter A. McNEIL, in his official capacity as the Secretary of the Florida Department of Corrections, and the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

December 15, 2008.

Attorney(s) appearing for the Case

Bryan S. Gowdy of Mills Creed & Gowdy, P.A., Jacksonville, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for respondent State of Florida.

PER CURIAM.

In 1975, David Griffin was convicted of robbery and sentenced to life in prison. Griffin committed his offense on August 15, 1975, just six weeks after an amendment to the robbery statute divided robbery into two separate offenses. Ch. 74-383, § 38, Laws of Fla. (effective July 1, 1975). Under the amendment, a robbery with a firearm or deadly weapon could be punished by life imprisonment, but a robbery without a firearm or weapon constituted a second...

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