MONTGOMERY SCOTT SHIEL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
  …CA 1991), approved, 594 So. 2d 272 (Fla.1992); Sheffield v. State, 585 So. 2d 396 (Fla. 1st DCA 1991), approved, 595 So. 2d 37 (Fla.1992); Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Newton; Tucker v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), approved, 595 So. 2d 956 (Fla.1992); Westbrook v. State, 574 So. 2d 1187 (Fla. 3d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990) and Young v. State, 600 So. 2d 24 (Fla. 3d DCA…
• Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991)
  …y life and fulfillment of the other requisites of section 775.084, Florida Statutes (1989). We adopt the reasoning of Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990). See also Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991); Tucker v. State, 576 So. 2d 931, 932 (Fla. 5th DCA 1991); Westbrook v. State, 574 So. 2d 1187, 1188 (Fla. 3d DCA 1991). We note conflict with Gholston v. State, 16 F.L.W. D46 (Fla. 1st DCA Dec. 17, 1990), as did Newton and Tucker. SCHEB, A.C.J., and ALTENBERND, J., concur.…
• Carter v. State, 704 So. 2d 1068 (Fla. 5th DCA 1997)
  …under Rule 3.800(a). The earliest ease holding that a sentence for a life felony could not be habitualized appears to be Hall v. State, 510 So. 2d 979 (Fla. 1st DCA 1987), rev. denied, 519 So. 2d 987 (Fla.1988). This court agreed in Tucker v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), approved, 595 So. 2d 956 (Fla.1992). Davis and Callaway were not decided until 1995, so defendant had a minimum of three years in which he could arguably have raised this issue in a Rule 3.800(a) motion. Under the present case l…

Authorities Cited

• Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)
• Love v. State, 569 So. 2d 1374 (Fla. 5th DCA 1990)