Monday, November 4, 2002
State of Florida v. Antoine L. McBride

no.02-627

Marion County



McBride was sentenced as a habitual offender to 30 years imprisonment for attempted first degree murder and associated offenses. Later, he argued to a trial court that the statute in force at the time of the offense did not permit him to be sentenced as a habitual offender, an argument which the trial court rejected. McBride did not appeal this ruling. McBride raised the issue again in a later proceeding, and it was again rejected. On appeal, the Fifth District Court of Appeal reversed. The State now appeals the holding of the District Court, arguing that the original trial court's denial of McBride's motion decided the matter with finality, and bars all subsequent litigation of the issue.