MARSHALL v. STATE

No. 84-1043.

468 So.2d 255 (1985)

Tommy MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Judge.

The appellant in this case was charged with and tried for kidnapping and sexual battery with a deadly weapon. He was convicted of the lesser included offense of sexual battery without a deadly weapon and was acquitted of kidnapping. The appellant appeals from the sentence imposed by the trial court. We reverse.

At sentencing the trial judge adjudicated the appellant an habitual offender pursuant to Section 775.084(1)(a)1.b, Florida Statutes....

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