Kilpatrick v. State
| Decision Date | 21 July 1993 |
| Docket Number | No. 92-00176,92-00176 |
| Court | Florida District Court of Appeals |
| Parties | 18 Fla. L. Week. D1662 Anthony Wayne KILPATRICK, Appellant, v. STATE of Florida, Appellee. |
Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.
Appellant challenges his sentences for robbery without a gun, aggravated assault and grand theft. We affirm appellant's sentences as a habitual offender based on King v. State, 597 So.2d 309 (Fla. 2d DCA), rev. denied, 602 So.2d 942 (Fla.1992). We do remand, however, for appellant's sentence to be amended to reflect proper credit for time served as required by Tripp v. State, 622 So.2d 941, (Fla.1993).
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Duncan v. State, 96-02717
...habitual offender sentence that Duncan is serving, we affirm. We proceed en banc because this decision conflicts with Kilpatrick v. State, 622 So.2d 1032 (Fla. 2d DCA 1993). At one sentencing proceeding, Duncan was sentenced in three separate cases. He received two guidelines sentences and ......