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ACKERS v. STATE

No. 91-1364.

601 So.2d 567 (1992)

Derrick ACKERS, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing May 22, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

PER CURIAM.

AFFIRMED.

DAUKSCH, COBB and PETERSON, JJ., concur.

ON MOTION FOR REHEARING

COBB, Judge.

The State, as cross-appellant, contends that the trial court erred in finding that section 775.084, Florida Statutes (the habitual offender statute), does not apply to first-degree felonies punishable by life imprisonment, in this instance two counts of robbery with a firearm. The trial court had found Ackers to be a habitual offender...

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