Hysmith v. State

ROBERT P. SMITH, Jr., Acting Chief Judge.

Hysmith appeals from a judgment and sentence imposed on him for the first degree misdemeanor of resisting an officer without violence to his person. Section 843.02, Florida Statutes (1977). There is no merit in Hysmith’s attack on the judgment. Clark v. State, 363 So.2d 331 (Fla.1978). There is merit, however, in Hysmith’s contention that the court erred in imposing an extended misdemeanor sentence of three years, because Hysmith was not shown to have

at least twice previously been convicted of the same crime committed at different times after the…