GORDON v. STATE

No. 4D00-1607.

787 So.2d 892 (2001)

Tommie Lee GORDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Appellant, Tommie Lee Gordon, was tried by jury and convicted of delivery of cocaine, and sentenced to four years in prison as a habitual felony offender. We have considered, but reject without further comment, Gordon's claims that he was entrapped as a matter of law and that improper comments of the prosecutor entitle him to a new trial. We reverse the habitual felony offender sentence because there was no proof that the requisite prior offenses were...

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