SMITH v. STATE

No. 84-138.

461 So.2d 995 (1984)

Kurtis SMITH, Etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 20, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Appellant Kurtis Smith appeals his sentence after entering nolo contendere pleas to grand theft and aggravated assault. During discovery, the state had filed notice that it intended to seek an enhanced penalty under the habitual offender act, section 775.084, Florida Statutes. Smith elected to be sentenced under the sentencing guidelines. A scoresheet showed a recommended sentence of twelve to thirty months incarceration.

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