GIBSON v. STATE

No. 90-3406.

593 So.2d 1064 (1992)

Donnie Everett GIBSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Certification February 11, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


JOANOS, Chief Judge.

Appellant challenges his sentence as an habitual felony offender, contending that under the 1988 statute applicable to this cause, out-of-state convictions cannot be relied upon to establish predicate convictions subjecting an offender to habitual offender sentencing. The state concedes that the sentencing disposition in this case is contrary to this court's decision in Barnes v. State, 576 So.2d 758...

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