BROWN v. STATE

No. 5D01-3493.

813 So.2d 132 (2002)

Jerome BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 17, 2002.


Attorney(s) appearing for the Case

Jerome Brown, Raiford, pro se.

No Appearance for Appellee.


SHARP, W., J.,

Brown appeals from the denial of his post-conviction motion pursuant to Florida Rule of Criminal Procedure 3.850 or 3.800(a). He presents two arguments: first, that he was sentenced as an habitual felony offender without being served with a notice of intent; and second, that the court erred in using a conviction for which he was serving community control as a predicate offense for habitualization. We affirm.

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