JAMES R. NICHOLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES R. NICHOLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 669
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the defendant’s judgments and sentences for two separate acts, sale of cocaine and possession of cocaine. The trial court correctly enhanced the sentence under the habitual offender statute and made the necessary findings on the record. § 775.084, Fla.Stat. (1987). On remand, however, each sentence shall be clerically corrected to reflect that the defendant was sentenced under the special provisions for habitual offenders.
SCHOONOVER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…court has expressly addressed that question, contrary to the assertions by the majority opinion. That is no doubt because the statute is new, and it only applies to cases filed after its effective date: October 1, 1988.2 For example, Davis v. Carr, 554 So. 2d 669 (Fla. 2d DCA 1990), cited by the majority opinion, was issued January 5, 1990 by the appellate court. The present case was originally released October 11, 1990, and the new statute just barely (a matter of days) applied to it. Miceli v. Miceli, 533…1 / 2