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TRAPP v. STATE

No. 3D03-2005.

884 So.2d 434 (2004)

Craig TRAPP, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 29, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH, and RAMIREZ, JJ.

PER CURIAM.

Affirmed in part, reversed in part. We find no abuse of discretion in the denial of the motion for mistrial made following the prosecutor's allegedly improper comment on Trapp's right to remain silent and thus affirm the conviction. However, we conclude that the trial court erred in sentencing him as a violent career criminal because spitting on a police officer is not a qualifying offense for sentencing as a violent career criminal. See Johnson v....

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