Florida District Courts of Appeal, 1993

Murphy v. State

Florida District Courts of Appeal · Decided June 23, 1993 · Anstead, Hersey, Warner

620 So. 2d 248; 1993 Fla. App. LEXIS 6715; 1993 WL 216851 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

*249HERSEY and WARNER, JJ., concur. ANSTEAD, J., dissenting in part with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting in part.

Appellant was adjudicated and sentenced as a habitual offender. One of the issues he raises is a claim that the state failed to prove that he was the same John Murphy whose name appeared on the prior convictions used by the court to qualify him as a habitual offender. Because the state failed to adduce proof on that issue I would reverse the habitual offender order.

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