HARRIS v. STATE

No. 76-1920.

352 So.2d 1264 (1977)

Antonio HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 16, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Paul J. Martin, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Two issues were presented. First, whether the state's oral motion to strike a material fact allegation in the defendant/appellant's motion to dismiss was a proper traverse under Fla.R.Crim.P. 3.190(d); second, whether the court properly relied upon certain evidence to establish a prior conviction of appellant for purposes of sentencing the appellant as a second offender pursuant to Section 812.021(3), Florida Statutes. In view of our disposition hereof...

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