HABERSTROH v. STATE

No. 89-1354.

563 So.2d 206 (1990)

Carl HABERSTROH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 27, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph S. Shook, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

This is an appeal from a conviction and a departure sentence of fifteen years' imprisonment for burglary of a dwelling. Appellant was also declared an habitual felony offender.

Two points are presented for our consideration: 1) denial of appellant's motion for acquittal was error because the evidence was insufficient to prove the charge of burglary beyond a reasonable doubt, and 2) the habitual offender statute is facially unconstitutional because...

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