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Ward v. State

District Court of Appeal of Florida, Fourth District
Jun 4, 1976
332 So. 2d 698 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-834.

June 4, 1976.

Appeal from the Circuit Court, Orange County, Maurice M. Paul, J.

Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


Upon due consideration of the briefs and record on appeal we are of the opinion that the imposition of judgment and sentence upon defendant as an habitual felony offender under section 775.084, F.S., was reversible error in light of the fact that the felony conviction giving rise to the proceeding below was on appeal and hence not final. Coleman v. State, 281 So.2d 226 (Fla.App. 2d 1973). Accordingly, the judgment and sentence is reversed and the cause remanded for further proceedings consistent herewith.

REVERSED.

CROSS, MAGER, and ALDERMAN, JJ., concur.


Summaries of

Ward v. State

District Court of Appeal of Florida, Fourth District
Jun 4, 1976
332 So. 2d 698 (Fla. Dist. Ct. App. 1976)
Case details for

Ward v. State

Case Details

Full title:JOHNNY LEE WARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 4, 1976

Citations

332 So. 2d 698 (Fla. Dist. Ct. App. 1976)

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