SMITH v. STATE

No. 5D99-3431.

771 So.2d 1189 (2000)

Ricky L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 28, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, M., Senior Judge.

Defendant went to trial on charges of burglary of a structure, grand theft and possession of drug paraphernalia. He was convicted after a jury trial of the burglary and possession charges, and of petit theft. In the information, the state had noted two or more prior theft convictions, and after trial but before sentencing, the state indicated its intention to seek a felony petit theft adjudication. It was successful and defendant was sentenced...

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