McFADDEN v. STATE

No. 97-3074.

732 So.2d 335 (1998)

Jimmy Lee McFADDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 15, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant was adjudged guilty of attempted robbery with a weapon. In that he had been convicted of felony petit theft within five years of the latest conviction, he was sentenced as an habitual felony offender. The issue presented is whether the trial court erred in using felony petit theft as a predicate for imposition of the habitual felony offender sentence. We affirm but certify a question deemed to be of great public importance.

The applicable...

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