JONES v. STATE

Nos. 94-1737, 94-1824.

676 So.2d 26 (1996)

Torace JONES and Charlie Gasper, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 23, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Jamie Spivey and Nada M. Carey, Assistant Public Defenders, Tallahassee, for Appellants.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In these two consolidated appeals, appellants seek review of their sentences, Jones as an habitual violent felony offender, and Gasper as an habitual felony offender. Both assert that they are entitled to have their sentences set aside, and to be resentenced pursuant to the guidelines, because the state attorney's decision to request habitual offender treatment was racially motivated. We affirm.

In the trial court, appellants, who are black, relied...

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