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SMITH v. STATE

No. 89-02341.

567 So.2d 55 (1990)

David Paul SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 28, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Andrea Norgard, Asst. Public Defender, Bartow, for appellant.

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

PER CURIAM.

David Paul Smith challenges the trial court's use of the amended habitual offender statute to enhance his sentence for aggravated assault. We affirm Smith's conviction and sentence, but strike the imposition of costs.

The amended habitual offender statute contained in section 775.084, Florida Statutes (Supp. 1988), does not violate the due process and equal protection clauses of the United States and Florida...

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