Atkinson v. State
Atkinson v. State
Opinion of the Court
Appellant was tried and adjudicated guilty of sale or delivery of cocaine. The trial court
Appellant has not demonstrated any basis for relief. First, we note that when sentencing a habitual offender, the trial court is required to use the version of § 775.-084, Fla.Stat., in effect when the offense was committed. Marion v. State, 582 So.2d 115 (Fla. 3d DCA 1991). Appellant committed the instant offense on August 24, 1989. The 1989 statute did not become effective until October 1, 1989. See Laws of Florida 1989, c. 89-280, § 1. Our review of the record indicates that Appellant would have qualified as a habitual felony offender under the 1988 statute and, therefore, is not entitled to relief. Second, without deciding whether Appellant followed the appropriate procedures for seeking mandamus relief, we find no merit to his petition under the present circumstances.
Accordingly, we AFFIRM the order denying the motion to correct sentence, and we DENY the petition for writ of mandamus.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.