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Smith v. State

District Court of Appeal of Florida, Second District
Aug 9, 1991
583 So. 2d 793 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-00180.

August 9, 1991.

Appeal from the Circuit Court for Sarasota County; Lee E. Haworth, Judge.

Robert L. Doyel, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


The appellant raises numerous points on appeal but we only find merit in his contention that his sentence should reflect that he was sentenced as a habitual offender under the 1987 statute and is, therefore, entitled to gain time.

Accordingly, we affirm the appellant's judgment and sentence but remand for correction of the sentence to reflect that the appellant was habitualized under section 775.084, Florida Statutes (1987), and is entitled to gain time.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
Aug 9, 1991
583 So. 2d 793 (Fla. Dist. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:HUGH DON SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 9, 1991

Citations

583 So. 2d 793 (Fla. Dist. Ct. App. 1991)