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BOGGAN v. STATE

No. 90-1819.

589 So.2d 1036 (1991)

Danny BOGGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 9, 1991.

Attorney(s) appearing for the Case

Keith D. Cooper, Eddins, Allen, Cooper & Owens, Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

Appellant contends he was sentenced improperly as an habitual felony offender, because the predicate prior convictions occurred on the same date. The state agrees that the convictions relied upon for habitual felony offender sentencing were not sequential, and thus contravene the rule enunciated in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), but urges that the plain language of the 1988 and 1989...

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