SIMS v. STATE

No. 84-2591.

487 So.2d 37 (1986)

James Willie SIMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 29, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Ann N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

James Willie Sims appeals his judgments and sentences for burglary and petit theft. We find merit in two of the three points he raises on appeal.

Following a jury trial, appellant was convicted of burglary and petit theft. At sentencing, the judge found appellant to be an habitual offender and sentenced him to serve ten years in prison. The judge enhanced appellant's sentence on the basis...

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