Opinion
No. 90-2650.
June 26, 1991. As Modified on Grant of Motion for Clarification August 6, 1991.
Appeal from the Circuit Court for Broward County; Robert W. Tyson, Judge.
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn W. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.
Reversed and remanded for resentencing. We agree with appellant that the trial court erred in applying the amended version of the habitual offender statute since appellant's alleged offense took place before the amendment. Our reversal is without prejudice to the trial court's reconsideration of the habitual offender issue upon appropriate notice and hearing.
ANSTEAD and WARNER, JJ., and STEVENSON, W. MATTHEW, Associate Judge, concur.