SMITH v. STATE

No. 90-03456.

590 So.2d 529 (1991)

Garcia SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 11, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Louis Turco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

The appellant challenges his sentencing as a habitual offender. We find that the trial court erred in considering any out-of-state convictions in its habitual offender finding because the appellant committed the instant crime on November 13, 1988, and the amendment to section 775.084, Florida Statutes (1987), allowing consideration of out-of-state felonies towards the necessary two prior felony convictions for a habitual offender classification did not...

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