HOWARD v. STATE

No. 84-1344.

469 So.2d 216 (1985)

Victor Lee HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 23, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Victor Howard appeals from a judgment and sentence for battery on a law enforcement officer contending that the trial court erred in sentencing him. The court departed from the recommended sentence of community control or twelve to thirty months incarceration and sentenced Howard to ten years imprisonment on the basis that he was an habitual felony offender.

This court has held that classification as an habitual felony offender...

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