Smith v. State

584 So.2d 1107 (1991)

Derrick Tyrone SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 90-03188.

District Court of Appeal of Florida, Second District.

August 21, 1991.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Consuelo Maingot and Michael J. Neimand, Asst. Attys. Gen., Miami, for appellee.

LEHAN, Judge.

Defendant appeals from his sentence as an habitual violent felony offender. We affirm in part and reverse in part.

We address three of his contentions. He contends that a…