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HUBLER v. STATE

No. AS-485.

458 So.2d 350 (1984)

Herbert Lowell HUBLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 13, 1984.

Attorney(s) appearing for the Case

Rhonda S. Martinec, of John F. Daniel, Chartered, Panama City, for appellant.

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

Herbert Lowell Hubler, defendant below, appeals a four-year sentence imposed as a result of his conviction of aggravated battery with a deadly weapon.1 The issue presented is whether Hubler's apparent lack of remorse, his failure to plead guilty, and the trial court's belief that Hubler suborned perjury were impermissible aggravating factors considered by the trial court in sentencing.

Hubler was charged with aggravated...

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