Gray v. State

Full title: DAVID GRAY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 18, 1992

593 So. 2d 322 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-1002.

February 18, 1992.

An Appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Monroe County; Wayne Miller, Judge.

David Gray, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

PER CURIAM.

Affirmed.

HUBBART and GERSTEN, JJ., concur.

FERGUSON, Judge (concurring).

I concur in denying the motion for relief from the judgment of conviction pursuant to Florida Rule of Criminal Procedure 3.850. In light of substantial data compiled elsewhere which suggest that state attorneys are unconstitutionally selective in the use of the habitual offenders statute to enhance sentences, I would leave the sentence question for another time. It has not been decided by this court. See Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991).