DAVIS v. STATE

No. 90-03607.

588 So.2d 289 (1991)

Ernie Carl DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 30, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant challenges his sentence imposed pursuant to the habitual violent felony offender statute, sections 775.084(1)(b) and (4)(b), Florida Statutes (1989).

In sentencing appellant as a habitual violent felony offender, the trial court relied upon a burglary conviction, with a two-year sentence, filed March 9, 1981, and a robbery conviction, with a five-year sentence, filed on December 23, 1983. Neither of these convictions occurred within five...

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