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HALE v. STATE

No. 85-1391.

490 So.2d 122 (1986)

Elton HALE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearings Denied June 23, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Ann N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

The appellant, Elton Hale, appeals from the trial court's order sentencing him beyond the sentencing guidelines' presumptive range as a result of the determination, reached in accordance with section 775.084, Florida Statutes, that he is a habitual offender.

Hale was convicted of robbery, violative of section 812.13(2)(c), Florida Statutes (1983). After he received notice of the state's intent to treat him as a habitual

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