Osborne v. State
Osborne v. State
Opinion of the Court
The denial of appellant’s motion to correct illegal sentence, brought under Florida Rule of Criminal Procedure 3.800(a), is affirmed in part and reversed in part. The trial judge correctly denied the motion as to the allegation that the court had improperly imposed consecutive, mandatory minimum terms, because that issue was previously resolved on direct appeal in a manner contrary to appellant’s argument. See Osborne v. State, 644 So.2d 320 (Fla. 1st DCA 1994).
The direct appeal does not show, however, that the issue regarding the scoring of the primary offense had been previously litigated. Appellant raised a facially sufficient argument when he alleged that his conviction for attempted felony murder
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
. Appellant’s conviction for attempted felony murder is valid, because his conviction and appeal were final prior to the issuance of State v. Gray, 654 So.2d 552 (Fla. 1995). See State v. Woodley, 695 So.2d 297 (Fla. 1997).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.