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PEA v. STATE

No. 97-3526.

737 So.2d 1162 (1999)

Kenneth PEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Kenneth Pea was charged by amended information with burglary of a dwelling with a battery (Count I), felony battery (Count II) and possession of drug paraphernalia (Count III).1 Count II was brought under section 784.03(2), Florida Statutes (1997), which allows the enhancement of a battery conviction if the state alleges and proves prior convictions for battery. Count II alleged that Pea previously was convicted of two or...

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