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KING v. STATE

No. 77-2132.

369 So.2d 1031 (1979)

Henry Frank KING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 1979.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Rendell Brown, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

This appeal centers around a sentence as a habitual offender. We reverse and remand.

Appellant was convicted by a jury of sexual battery and petit larceny and the trial court so adjudicated; however, sentencing was deferred pending the receipt of a P.S.I. Upon receipt thereof the appellant was sentenced as a habitual offender pursuant to Section 775.084, Florida Statutes (1977) from which sentence he now appeals.

Subsection (3) of the...

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