CLARK v. STATE

No. 4D08-2034.

19 So.3d 443 (2009)

Elijah CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 14, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The appellant, Elijah Clark, raises two issues on appeal.

We find that the evidence presented at the final violation of probation hearing established that Clark willfully and substantially violated the terms and conditions of his probation by committing the new crime of aggravated battery. We, therefore, affirm.

As to Clark's second point on appeal, we reverse and remand. Once a court decides not to sentence a defendant as a habitual offender...

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