Ezell v. State

The only issue on this appeal which warrants discussion is appellant’s contention that the court should not have sentenced him as an habitual felony offender.

At sentencing, the state introduced evidence that appellant had committed three felonies in 1971, a second degree misdemeanor in 1971 and a first degree misdemeanor in 1977, all of which occurred in this state. The portion of the definition of habitual felony offender pertinent to this appeal is set forth in Section 775.084(1), Florida Statutes (1977):(a) “Habitual felony offender” means a defendant for whom the court may impose an…