VAN BRYANT v. STATE

No. 91-2057.

602 So.2d 582 (1992)

Kurt VAN BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant contends that his sentence as a habitual violent felony offender must be reversed because the trial court failed to find, as required by sections 775.084(1)(b)3 and 4, Florida Statutes (1989), that his prior conviction for robbery had not been pardoned or set aside. We reverse.

The state argues that since appellant failed to raise these arguments at sentencing, it had no duty to prove these two elements of the habitual offender statute...

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