Rose v. State
Rose v. State
Opinion of the Court
Willie Lee Rose challenges the trial court’s determination that he is entitled to no relief on remand from this court’s decision in Rose v. State, 698 So.2d 380 (Fla. 2d DCA 1997). There, we reversed the trial court’s order denying Rose’s motion for postconviction relief and remanded with directions to the trial court to determine if his habitual offender sentence required vacation under the dictates of State v. Johnson, 616 So.2d 1 (Fla. 1993).
. We cautiously remanded for reconsideration of the issue by the trial court and expressly declined to determine that the habitual offender sentence required vacation based upon the concession by the State that the sentence had been illegally imposed pursuant to the holding of State v. Johnson, 616 So.2d 1 (Fla. 1993). On remand the trial court properly rejected this confession of error as well in denying Rose's request for relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.