STATE v. ALLEN

No. 90-01092.

573 So.2d 170 (1991)

STATE of Florida, Appellant/Cross-Appellee, v. James Odell ALLEN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

January 16, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant/cross-appellee.

James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Bartow, for appellee/cross-appellant.


HALL, Acting Chief Judge.

The state appeals from the sentence imposed upon the appellee/cross-appellant, James Odell Allen. It contends that the trial court erred in not sentencing Allen to a life sentence under the habitual offender statute. We agree that the trial court erred and remand for resentencing.

Allen was found guilty of possession of cocaine with intent to sell, while carrying a firearm. The state filed notice of intention to seek an enhanced sentence...

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