Williams v. State
Florida District Courts of Appeal
Williams v. State, 717 So. 2d 619 (1998)
1998 Fla. App. LEXIS 11991
Green, Nesbitt, Schwartz
Williams v. State
Opinion of the Court
We find no merit in the appellant’s only claim of trial error and therefore affirm the conviction under review. We do, however, conclude that the prior offense which formed the basis of the defendant’s sentencing as a habitual violent felony offender did not qualify for that purpose under section 775.084(1)(b), Florida Statutes (1997). See Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988). Accordingly, the habitual violent felony offender sentence is vacated and the cause remanded for appropriate resentenc-ing.
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