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Cribbs v. State, Case No. 2D08-4114 (Fla. App. 8/28/2009) (Fla. App., 2009)

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SIMON CRIBBS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-4114. District Court of Appeal of Florida, Second District. Opinion filed August 28, 2009.Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Collier County, Frederick R. Hardt, Judge. WHATLEY, Judge. In a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), Simon Cribbs challenged his enhanced sentences as a violent career criminal (VCC). We affirm the dismissal of claim one but hold that Cribbs is entitled to relief on claim two. Claim one of Cribbs’ motion is identical to a claim raised in a prior rule 3.800(a) motion. He obtained relief on that claim pursuant to Cribbs v. State, 978 So. 2d 828 (Fla. 2d DCA 2008). The postconviction court correctly dismissed this portion of Cribbs’ motion as moot...continue to full post

Full post as published by Florida Criminal Law Opinions on August 28, 2009 (boomark / email).