PETERS v. STATE

No. 94-03633.

670 So.2d 985 (1996)

William Phillip PETERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 4, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellee.


RYDER, Acting Chief Judge.

William Peters challenges his habitual offender sentence on the basis that the state failed to file its notice of intent to habitualize prior to the entry of plea and that some of his probation conditions were not orally pronounced at sentencing. We affirm the habitualized sentence, but strike some probation conditions.

Although the state admittedly did not file a notice of enhancement until the day after appellant pleaded guilty...

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