Duncan v. State

WIGGINTON, Judge.

Appellant appeals his enhanced sentences as an habitual felony offender, pursuant to section 775.084(l)(a)l, Florida Statutes (Supp.1988), following his convictions of burglary of a dwelling with assault and attempted sexual battery with the use of great force. The trial judge classified appellant as an habitual offender based on two prior felony convictions which were rendered on the same day in 1986. In light of the decision in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), in which this court reaffirmed the long-standing view that habitualization must be supported by…