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SANDERS v. STATE

No. 2D99-2997.

765 So.2d 161 (2000)

Victor L. SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 3, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

PARKER, Judge.

Victor L. Sanders appeals the judgment and sentence imposed after a jury found him guilty of lewd and lascivious conduct in the presence of a child. We affirm Sanders' conviction without discussion. However, we reverse Sanders' sentence and remand for resentencing because the trial court sentenced him as a habitual felony offender without the necessary proof.

Before the trial court may impose a habitual...

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