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Hagin v. State

District Court of Appeal of Florida, First District
May 27, 1997
693 So. 2d 1151 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-1434.

May 27, 1997.

An appeal from Circuit Court for Duval County; William A. Wilkes, Judge.

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Jean-Jacques A. Darius, Assistant Attorney General, Tallahassee, for Appellee.


The defendant entered a plea of guilty to two counts of grand theft and he was convicted by a jury of the offense of attempted second degree murder. After the entry of the plea and before the sentencing, the state served notice of its intent to seek an enhanced penalty. The trial court sentenced the defendant as a habitual offender on all three counts. We conclude that the evidence presented at the sentencing hearing was sufficient to support the imposition of a habitual offender sentence and, because the notice was timely as to the defendant's conviction for attempted second degree murder, we affirm the habitual offender sentence for that offense. However, the state's notice was untimely as to each of the grand theft charges. Consequently, we reverse the habitual offender sentences for the two counts of grand theft and remand the case for resentencing on those counts. Ashley v. State, 614 So.2d 486 (Fla. 1993).

Affirmed in part and reversed in part.

MINER, LAWRENCE and PADOVANO JJ., concur.


Summaries of

Hagin v. State

District Court of Appeal of Florida, First District
May 27, 1997
693 So. 2d 1151 (Fla. Dist. Ct. App. 1997)
Case details for

Hagin v. State

Case Details

Full title:John HAGIN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 27, 1997

Citations

693 So. 2d 1151 (Fla. Dist. Ct. App. 1997)