Hayes v. State

REVISED OPINION

HUBBART, Judge.

This is an appeal by the defendant Johnny Hayes from a judgment of conviction and sentence for two counts of sale of a counterfeit controlled substance as a felony [§ 817.563(1), Fla.Stat. (1989)]. The defendant’s sole point on appeal is that the trial court erred in imposing a sentence of four years imprisonment, unrestrained by the sentencing guidelines, under the habitual offender statute [§ 775.084(1)(a), (4)(a)(3), Fla.Stat. (1989) ], because the predicate requirement of two prior felony convictions was not established below. We disagree and affirm.

In order…