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NUNZIATA v. STATE

No. 89-1033.

561 So.2d 1330 (1990)

Gerard Michael NUNZIATA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

GOSHORN, Judge.

Nunziata appeals his sentence as an habitual offender pursuant to section 775.084, Florida Statutes (1984). He alleges that no written notice of the State's intention to seek enhancement of sentence as required by section 775.084(3)(b), Florida Statutes (1988)1 appears of record. This court has recently held that the statute does not require the notice to be filed with the court, but only that the notice be served

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