JOHNSON v. STATE

No. 90-00823.

576 So.2d 916 (1991)

Orrin JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


PARKER, Judge.

Orrin Johnson appeals two ten-year sentences to be served concurrently which he received as a habitual felony offender after convictions for sale and possession of cocaine within 1,000 feet of a school. These sentences fell within the sentencing guidelines permitted range of nine to twelve years. We reverse for the trial court to conduct a new sentencing hearing.

In imposing habitual offender status upon appellant the sentencing court below...

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