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570 So. 2d 1147

Atkinson v. State

District Court of Appeal of Florida

Decided December 14, 1990

District Court of Appeal of Florida · decided 1990-12-14

Relies on 564 So. 2d 480 - Cresswell v. State · State v. Jimeno · 557 So. 2d 899 - Caracciolo v. State

Decided 1990-12-14

PER CURIAM.

¶1We affirm on both issues raised by appellant. As to the constitutional attack upon Section 775.084, Florida Statutes (1988 Supp.), we affirm on the authority of Smith v. State, 567 So.2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dismissed, 564 So.2d 488 (Fla.1990); King v. State, 557 So.2d 899 (Fla. 5th DCA), review denied, 564 So.2d 1086 (Fla.1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990).

¶2We also reject appellant’s arguments on the second issue relating to alleged procedural irregularities in connection with the imposition of the habitual offender sentence.

¶3AFFIRMED.

SMITH, NIMMONS and ZEHMER, JJ., concur.
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