McDONALD v. STATE

No. 2D05-2446.

946 So.2d 1266 (2007)

Leroy C. McDONALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Leroy C. McDonald appeals his conviction and sentence for robbery. McDonald contends that the trial court erred: (1) in denying his motion to suppress an in-court identification of McDonald by a witness and (2) in sentencing McDonald as a prison releasee reoffender and as a violent habitual offender. We affirm, without comment, on the first ground. However, on the second ground, we reverse and remand for resentencing.

McDonald was sentenced...

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