MITCHELL v. STATE

No. 88-1467.

547 So.2d 311 (1989)

Willie MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

This is a timely appeal from a conviction and sentence after a jury trial in which appellant was found guilty of the lesser-included offense of trespass on count I and guilty of possession of a burglary tool in count II. Count I had originally been charged as attempted burglary of a dwelling. Prior to appellant's trial, the state filed notice of intent to seek enhanced penalties under the habitual offender statute should defendant be found guilty.

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