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WARD v. STATE

No. 75-834.

332 So.2d 698 (1976)

Johnny Lee WARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Upon due consideration of the briefs and record on appeal we are of the opinion that the imposition of judgment and sentence upon defendant as an habitual felony offender under section 775.084, F.S., was reversible error in light of the fact that the felony conviction giving rise to the proceeding below was on appeal and hence not final. Coleman v. State, 281 So.2d 226 (Fla.App. 2nd 1973). Accordingly, the judgment...

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