McMILLIAN v. STATE

No. 89-1022.

566 So.2d 291 (1990)

Bruce McMILLIAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 2, 1990.


Attorney(s) appearing for the Case

Cheryl L. Gentry, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of a judgment by which he was convicted of grand theft after jury trial and sentenced as an habitual offender. We affirm the conviction but reverse the sentence because we agree with the state's concession of error in application of the habitual offender statute.

Appellant was charged with grand theft based on involvement in a confidence "flimflam." The intended victim testified that appellant approached him in the...

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