BAXTER v. STATE

No. 91-01311.

599 So.2d 721 (1992)

Dennis Garland BAXTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 27, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julius Aulisio, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant was convicted of vehicular homicide, a third-degree felony in violation of section 782.071(1), Florida Statutes (1989). He was declared a habitual felony offender and received a split sentence of four years prison followed by six years probation. He contends that the trial court erred in sentencing him under the habitual felony offender statute. His position is that he should have been sentenced under the guidelines, in which case he would...

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