STATE v. DEL CASTILLO

No. 3D03-2422.

890 So.2d 376 (2004)

The STATE of Florida, Appellant, v. Robert D. DEL CASTILLO, Appellee.

District Court of Appeal of Florida, Third District.

December 22, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and LEVY, J., and DAUKSCH, JAMES C. JR., Senior Judge.


LEVY, Judge.

The issue before the Court is whether the trial court properly struck the State's notice of intent to seek habitual offender enhancement where defendant received probation and adjudication was withheld for the predicate crime on which the State relies to support the habitual felony offender enhancement.

Defendant was charged with two counts of third degree grand theft and two counts of uttering a forged instrument. The State filed an amended notice...

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