Michael Edward Gray v. State of Florida

Summary

The Sixth District Court of Appeal of Florida affirmed Michael Edward Gray’s conviction and sentence. The court relied on Avalos v. State, concluding that any potential error under Erlinger v. United States would be harmless without deciding Erlinger’s applicability.

Holdings

1. Even assuming that Erlinger v. United States applies to the appellant's sentencing challenge, any error was harmless; therefore, the judgment and sentence were affirmed.

Questions Presented

1. Whether the appellant's sentence was unconstitutional under the reasoning of Erlinger v. United States.
2. Whether any assumed sentencing error was harmless.

Disposition

affirmed