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Wells v. State

District Court of Appeal of Florida, Fifth District
Jan 21, 1994
630 So. 2d 1215 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2363.

January 21, 1994.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.


We affirm appellant's judgments and sentences which were imposed following his pleas of guilty; however, we modify the sentencing orders relative to appellant's three convictions for attempted forgery, a misdemeanor, to delete the habitual offender designation for these offenses because a misdemeanor conviction "is not subject to enhancement under the habitual felony offender statute." Brown v. State, 626 So.2d 297, 298 (Fla. 5th DCA 1993).

AFFIRMED as modified.

DAUKSCH, COBB and DIAMANTIS, JJ., concur.


Summaries of

Wells v. State

District Court of Appeal of Florida, Fifth District
Jan 21, 1994
630 So. 2d 1215 (Fla. Dist. Ct. App. 1994)
Case details for

Wells v. State

Case Details

Full title:LARRY WELLS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 21, 1994

Citations

630 So. 2d 1215 (Fla. Dist. Ct. App. 1994)