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SNEAD v. STATE

No. 91-2293.

598 So.2d 316 (1992)

William C. SNEAD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 22, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Foster, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Snead appeals from his sentence of seven years (with credit for time served), which was imposed pursuant to the habitual offender statute.1 He argues that since the court did not originally sentence him as an habitual offender in 1990, the court could not "aggravate" his sentence by "habitualizing" him after he was found to have violated the terms of his probation in 1991. We disagree and acknowledge a conflict...

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