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ALSTON v. STATE

No. 95-1777.

667 So.2d 1000 (1996)

Timothy ALSTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 14, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Craig J. Trocino, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN and GREEN, JJ.

PER CURIAM.

Appellant, Timothy Alston ("Alston"), appeals his sentence as a habitual offender. We reverse.

After a jury found Alston guilty of arson, the State filed its notice to seek an enhanced habitual offender sentence. At the sentencing hearing, Alston objected to an enhanced sentence, arguing that he did not meet the statutory criteria. At this hearing, the trial court allowed the State a continuance to further research the issue.

When the hearing...

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