R.D.P. v. STATE

No. 97-00720.

735 So.2d 551 (1999)

R.D.P., Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 2, 1999.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

R.D.P. appeals his sentences for petit theft and criminal mischief. He contends that his sentences were improperly enhanced pursuant to section 874.04, Florida Statutes (Supp.1996), on the ground that he is a member of a gang. He argues that the trial court improperly took judicial notice that the gang of which he was allegedly a member was in fact a gang and that the statute allowing for the enhancement is unconstitutional.

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