KIRK v. STATE

No. 94-2089.

663 So.2d 1373 (1995)

Anthony KIRK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 1, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James T. Cook, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


PADOVANO, P.J., Associate Judge.

The defendant, Anthony Kirk, appeals two habitual violent offender sentences imposed by the trial judge without a request by the state. In summary, the defendant contends that section 775.08401, Florida Statutes (1993) deprives the trial court of authority to serve the notice required for an enhanced sentence and that proceedings under the habitual offender statute are now initiated exclusively...

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