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TROTT v. STATE

No. 93-710.

632 So.2d 1061 (1994)

Phillip TROTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 7, 1994.

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 Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Chief Judge.

Phillip W. Trott makes his return engagement to this court.1 On his first appearance, he contended, successfully, that it was error to sentence him as though he was an habitual violent felony offender. We agreed that his negotiated plea only justified habitual offender (not habitual violent felony offender) treatment and, in any event, that the Texas conviction did not meet the statutory definition of an habitual...

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