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MITZ v. STATE

No. 90-1173.

576 So.2d 438 (1991)

Eugene MITZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 27, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Nancy Perez, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The conviction of appellant is affirmed. However, the sentencing of appellant as an habitual offender is reversed. The state concedes that under the 1988 version of section 775.084(1), Florida Statutes the state failed to prove that "the offenses after the primary one were in each case committed subsequent to conviction for the preceding offense." Perry v. Mayo, 72 So.2d 382 (Fla. 1954). See also Wilken v....

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