KELLY v. STATE

No. 92-01369.

629 So.2d 325 (1993)

Patrick Michael KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1993.


Attorney(s) appearing for the Case

J.L. "Ray" LeGrande, Fort Myers, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Acting Chief Judge.

The appellant seeks a new trial on charges of robbery with a deadly weapon and aggravated assault, and reversal of his habitual violent felony offender sentence for robbery with a deadly weapon. We affirm the appellant's convictions but reverse the habitual violent felony offender sentence.

The record shows that the trial court felt it had no option as to sentencing under the habitual offender statute and was required to impose...

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