Legal Opinion

Pugh v. State

District Court of Appeal of Florida

Decided December 8, 1999No. 98-03916Published

1Opinion of the Court

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence for possession of marijuana with intent to sell. We find merit only in appellant’s third issue regarding the sentencing as a habitual offender and affirm his conviction without discussion.

The evidence before us is insufficient to show that appellant met the criteria set forth in section 775.084(l)(b), Florida Statutes (1997), that appellant was convicted of an enumerated violent felony or has been released from a sentence for an enumerated violent felony within five years from the commission of the instant offense.…

2Cases cited2 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1991
  2. Kerney v. StateDistrict Court of Appeal of Florida · 1992

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