ROBERTS v. STATE

No. 5D05-385.

923 So.2d 578 (2006)

Dwayne Edward ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 24, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Dwayne Roberts appeals his convictions and sentences for attempted voluntary manslaughter with a weapon and attempted felony battery with a weapon. Roberts contends that the trial court erred when it failed to grant a motion for mistrial and when it sentenced him under the firearm reclassification statute, and then as an habitual felony offender. We affirm.

Roberts was charged in Osceola County with attempted first-degree murder with a weapon and...

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