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Tiger v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1998
764 So. 2d 4 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2333

Opinion filed November 18, 1998 JULY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William P. Dimitrouleas, Judge; L.T. Case No. 96-17359 CF10A.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.


MOTION FOR REHEARING


Appellant asks this court to recall its mandate and allow consideration of an argument not previously raised regarding appellant's allegedly illegal sentence. We have considered appellant's supplemental brief and conclude his sentence was not illegal. The court properly sentenced appellant as a habitual violent felony offender, where appellant was convicted of aggravated battery, a felony, on December 12, 1991, within five years of the commission of the instant offense on September 15, 1996. § 775.084(1)(b), Fla.Stat. (1995). Appellant's motion for rehearing is denied.

POLEN, GROSS and TAYLOR, JJ., concur.


Summaries of

Tiger v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1998
764 So. 2d 4 (Fla. Dist. Ct. App. 1998)
Case details for

Tiger v. State

Case Details

Full title:EDWARD TIGER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 18, 1998

Citations

764 So. 2d 4 (Fla. Dist. Ct. App. 1998)