LOGAN v. STATE

Nos. 88-01973, 88-01975.

554 So.2d 1218 (1990)

Harvey LOGAN and Samuel Allen Turner, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 5, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Brad Permar, Asst. Public Defender, Clearwater, for appellants.

Robert A. Butterworth, Atty. Gen., Tallahassee and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

On this four-point appeal, we find no error and affirm, save for Point II relating to the enhancing of appellant Turner's sentence without complying with the provisions of section 775.084(3), Florida Statutes (1987).

Turner was convicted of sexual battery and was sentenced as a habitual offender. The only meritorious point he raises is the trial judge's adjudication of him as a habitual offender. Such an adjudication must be based on a two-prong...

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