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STATE v. FANNIN

No. 90-2059.

578 So.2d 471 (1991)

STATE of Florida, Appellant, v. Herold FANNIN, Appellee.

District Court of Appeal of Florida, First District.

April 23, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellant.

Harold S. Richmond of Richmond & Thomas, Quincy, for appellee.

JOANOS, Judge.

The state appeals the sentence imposed after an habitual offender determination. The question presented in this appeal is whether, under section 775.084(4)(a), Florida Statutes (1989), a life sentence is obligatory when sentencing a defendant as an habitual first degree felony offender.

A jury found appellee guilty of trafficking in cocaine. After proper notice and a separate hearing to determine the propriety of habitual felony offender sentencing...

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