Popolo v. State

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of lewd and lascivious assault and was given an enhanced penalty as an habitual felony offender. § 775.084, Fla.Stat. (1983). Because the felony for which appellant was sentenced was committed before the conviction used for enhancement purposes we do not deem appellant qualified for enhancement. As was said in Snowden v. State, 449 So.2d 332 (Fla. 5th DCA 1984), quashed on other grounds in State v. Snowden, 476 So.2d 191 (Fla.1985) “for a felony conviction to serve as a qualifying offense for purposes of enhanced…