596 SO2D 632 - May v. State

How this case has been cited

Cited by 14 later decisions — most recently July 2018

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON RETURN TO REMAND

PATTERSON, Presiding Judge.

¶2We remanded this case to the trial court with instructions to set aside the sentence of 25 years’ imprisonment imposed on Sidney May on December 21, 1990, and to resentence him as a first-time offender for the offense of robbery in the third degree. 586 So.2d 56. We found this necessary because of the failure of the state initially to give proper notice to the appellant of its intent to invoke the Habitual Felony Offender Act.

¶3The trial court has complied with our remand and has filed a due return. The return shows that a new sentencing hearing was held, with May and his counsel present, that the original sentence was set aside; and that May was sentenced as a first-time offender to 10 years’ imprisonment for the offense of robbery in the third degree. The proceeding was proper, and the sentence is within the range authorized by statute.

¶4The remaining issue raised by the appellant on appeal, that the appellant did not knowingly, voluntarily, and intelligently waive his right to a trial by jury, is without merit.

¶5The judgment is due to be, and it is hereby, affirmed.

¶6OPINION EXTENDED; AFFIRMED.

All Judges concur.