HAYES v. STATE

No. 90-2581.

587 So.2d 578 (1991)

Johnny HAYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Barbara Arlene Fink, Asst. Atty. Gen., for appellee.

Before HUBBART, COPE and GODERICH, JJ.


REVISED OPINION

HUBBART, Judge.

This is an appeal by the defendant Johnny Hayes from a judgment of conviction and sentence for two counts of sale of a counterfeit controlled substance as a felony [§ 817.563(1), Fla. Stat. (1989)]. The defendant's sole point on appeal is that the trial court erred in imposing a sentence of four years imprisonment, unrestrained by the sentencing guidelines, under the habitual offender statute [§ 775.084(1)(a), (4...

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