Nappier v. State

ALDERMAN, Justice.

The defendant, Clarence Harold Nappier, seeks review of the decision of the Second District Court of Appeal in Nappier v. State, 354 So.2d 929 (Fla. 2d DCA 1978). This decision conflicts with Stern v. State, 296 So.2d 549 (Fla. 3d DCA 1974). In Stern, the Third District Court of Appeal held that, where the defendant, upon conviction, might be subject to an enhanced sentence as an habitual felony offender in a subsequent proceeding pursuant to Section 775.084, Florida Statutes (1973), it is error for the trial judge, when instructing the jury as to the maximum sentence upon…