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JOHNSON v. STATE

No. 84-1512.

472 So.2d 553 (1985)

Pete JOHNSON a/k/a Jack McFarland, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 5, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

Pete Johnson, a/k/a Jack McFarland, raises three points on appeal attacking his sentencing under section 775.084, Florida Statutes (1983), the habitual offender statute. Two of these issues have merit.

On June 14, 1982, the appellant was charged by information with one count of grand theft in the second degree, and one count of battery. Thereafter, a trial was held and the jury returned a verdict...

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