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ACKERS v. STATE

No. 92-3058.

629 So.2d 972 (1993)

Derrick ACKERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Chief Judge.

The defendant, Gary Ackers, was adjudged guilty of one count of aggravated battery and two counts of principal to robbery with a firearm. The trial court found Ackers to be an habitual felony offender according to section 775.084, Florida Statutes (1991), and sentenced him to ten years of incarceration on the aggravated battery. On the robbery convictions, the court found that it was not necessary to sentence Ackers as an habitual offender. Instead...

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