STATE OF FLORIDA, PETITIONER/APPELLANT,
v.
TYRONE M. CLAYBOURNE, RESPONDENT/APPELLEE

Fla. | 1993-01-21
No. 80157
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
616 So. 2d 5 Florida Supreme Court (1993) Caution
Cited by 2 cases

Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review State v. Claybourne, 600 So. 2d 516 (Fla. 1st DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So. 2d 1 (Fla.1993).1 In accordance with our decision in Johnson, we approve the decision of the district court in the instant case.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(1), (3)-(4), Fla. Const.


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  • Donahue v. State, 616 So. 2d 65 (Fla. 1st DCA 1993)
    …used in determining appellant’s habitual offender status. The state argues that this issue was not properly preserved for appeal. This argument was rejected in Claybourne v. State, 600 So. 2d 516 (Fla. 1st DCA 1992), approved, State v. Claybourne, 616 So. 2d 5 (Fla.1993), and Randall v. State, 601 So. 2d 644 (Fla. 1st DCA 1992). Appellant’s habitual violent felony offender sentence is vacated, and the case is remanded for resentencing. In all other respects, the judgment of the trial court is affirmed.…

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