DUNCAN v. STATE

No. 90-2023.

578 So.2d 905 (1991)

Joe Nathan DUNCAN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1991.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Virlindia Doss, Asst. Atty. Gen., Tallahassee, for appellee.


WIGGINTON, Judge.

Appellant appeals his enhanced sentences as an habitual felony offender, pursuant to section 775.084(1)(a)1, Florida Statutes (Supp. 1988), following his convictions of burglary of a dwelling with assault and attempted sexual battery with the use of great force. The trial judge classified appellant as an habitual offender based on two prior felony convictions which were rendered on the same day in 1986. In light of the decision in Barnes v. State...

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