BARNES v. STATE

No. 89-3287.

576 So.2d 758 (1991)

Anthony T. BARNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 9, 1991.


Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

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

Before the Court en banc.


MINER, Judge.

Anthony T. Barnes seeks reversal of his enhanced sentence as an habitual felony offender following his convictions for battery and grand theft auto. He argues two points on appeal: (1) that the 1988 version of the habitual offender statute is unconstitutional, and (2) that he did not qualify as an habitual felony offender because his only two prior convictions occurred on the same date. Because we find merit...

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