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STATE v. SMITH

Nos. 90-03584, 91-00040.

597 So.2d 319 (1992)

STATE of Florida, Appellant/Cross Appellee, v. Calvin SMITH, Appellee/Cross Appellant.

District Court of Appeal of Florida, Second District.

March 27, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant/cross appellee.

James Marion Moorman, Public Defender, Bartow, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellee/cross appellant.

PARKER, Judge.

The state appeals Calvin Smith's sentence of his conviction for burglary at which time a battery was committed, arguing that the trial court erred in finding that the sentencing statutes do not permit Smith to be sentenced as a habitual offender for this crime. We agree and reverse Smith's sentence for burglary, finding that the trial court may consider the habitual offender statute in sentencing Smith for an offense classified as a felony of the first...

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