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BUNION v. STATE

No. 92-02942.

636 So.2d 873 (1994)

Jerry BUNION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 13, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Chief Judge.

Jerry Bunion has appealed from the habitual offender sentence imposed upon him following his conviction for sexual battery. The trial judge, before imposing habitual offender sanctions, made an assumption that Bunion had been released from incarceration or other commitment within five years of the offense for which he was being sentenced. See § 775.084(1)(b)(2) (1991), Fla. Stat. Although this assumption may indeed prove to be valid...

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