BACON v. STATE

No. 91-681.

620 So.2d 1084 (1993)

Nathan BACON a/k/a Nathan Baker, and Michael Capehart a/k/a Nathaniel Baker, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 28, 1993.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant Capehart.

Quentin T. Till, P.A., Jacksonville, for appellant Bacon.

Robert A. Butterworth, Atty. Gen., Andrea England and Carolyn Mosley, Asst. Attys. Gen., Tallahassee, for appellee.


MICKLE, Judge.

Nathan Bacon and Michael Capehart seek reversal of their convictions and sentences for two counts of burglary of a conveyance. We find only one of the several issues raised to be meritorious; we affirm the convictions but remand for resentencing as to Capehart.

At Capehart's sentencing proceeding, the state sought habitual offender classification based upon the fact that Capehart had been released on parole from community control in 1988. The...

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