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KING v. STATE

No. 80-887.

398 So.2d 469 (1981)

Larry KING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 6, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Michael S. Becker, Asst. Public Defender, and Thomas R. Mott, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant challenges an enhanced penalty which was imposed after his conviction for assault on a law enforcement officer. The trial court found appellant to be an "habitual misdemeanant" based upon prior convictions for robbery and manslaughter.

Section 775.084(1)(b)1 permits an enhanced penalty only when the defendant has been convicted twice previously of the same crime. Hysmith v. State...

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