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POPOLO v. STATE

No. 85-262.

477 So.2d 1081 (1985)

John POPOLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 31, 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 Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of lewd and lascivious assault and was given an enhanced penalty as an habitual felony offender. § 775.084, Fla. Stat. (1983). Because the felony for which appellant was sentenced was committed before the conviction used for enhancement purposes we do not deem appellant qualified for enhancement. As was said in Snowden v. State, 449 So.2d 332...

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