JOHNSON v. STATE

No. 91-01601.

613 So.2d 143 (1993)

Frederick JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1993.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


BLUE, Judge.

Frederick Johnson appeals his conviction and sentence as a habitual violent felony offender. We find merit in only one of the points raised. Johnson correctly contends that reliance on a prior conviction to support a finding of habitual offender status is reversible error when the prior conviction is being appealed at the time of sentencing. Delguidice v. State, 554 So.2d 35

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