McCASKILL v. STATE

No. AR-4.

440 So.2d 524 (1983)

Hamby McCASKILL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 16, 1983.


Attorney(s) appearing for the Case

Gwendolyn Spivey, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

McCaskill, convicted of evidence tampering, appeals his enhanced sentence as a habitual offender pursuant to section 775.084, Florida Statutes (1981). Appellant argues that the findings of the trial court are insufficient as a matter of law to support sentencing as a habitual offender. We agree.

At the sentencing hearing, the trial court took judicial notice of the fact that McCaskill had been convicted for robbery in 1981 and sentenced to...

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