SMITH v. STATE

No. 87-2944.

528 So.2d 100 (1988)

Morris Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 8, 1988.


Attorney(s) appearing for the Case

William G. Sestak of McClain, Dwyer & Sestak, P.A., Zephyrhills, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals the sentence imposed upon him at resentencing after his prior sentence had been vacated on appeal to this court in Smith v. Wainwright, 508 So.2d 768 (Fla. 2d DCA 1987).

On the prior appeal this court vacated the original sentence which had been enhanced under the habitual offender statute and held that such enhancement was not proper without specific findings justifying the application...

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