MORELAND v. STATE

No. 90-03190.

590 So.2d 1020 (1991)

Sammy Lee MORELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Wendy E. Friedberg, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

The appellant, Sammy Lee Moreland, appeals from his conviction and sentence for an armed robbery which occurred on January 28, 1990. The appellant only contends that the trial judge erred in sentencing him either as an habitual offender to life in prison with a 25-year-minimum mandatory or to life under the guidelines, "whichever is the least amount." The state concedes that this was an irregular sentencing insofar as it went beyond the habitual offender...

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