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BROWN v. STATE

No. 82-2221.

435 So.2d 940 (1983)

Curtis Leroy BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 2, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

ON REHEARING

PER CURIAM.

The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor.

Brown's sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla. Stat. (1981); Ruiz v. State...

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