WHITFIELD v. STATE

No. 89-613.

561 So.2d 22 (1990)

Clinton WHITFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

We find no merit in appellant's challenges to his conviction for possession of cocaine. However, the State concedes that the trial court erroneously applied the amended habitual offender statute, chapter 88-131, Laws of Florida, to an offense committed before its effective date.

The State points out that this error was not brought to the attention of the sentencing judge, who apparently considered this to be a case in which the sentencing...

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