HICKS v. STATE

Nos. 3D99-560, 3D99-656.

750 So.2d 730 (2000)

Dale Emmerson HICKS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 26, 2000.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Barbara A. Zappi (Fort Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.


PER CURIAM.

The defendant's claims of error on direct appeal from the conviction are patently without merit. On the state's appeal from the sentence, we do not reach the issue of the propriety of the trial court's failure to consider the state's request for an enhanced sentence of the defendant as a habitual offender under section 775.084, Florida Statutes (1999), because the record clearly demonstrates that if the issue had been considered, the court in the appropriate...

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