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DANIELS v. STATE

No. 90-297.

575 So.2d 722 (1991)

Archie DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 20, 1991.

Attorney(s) appearing for the Case

Paula Saunders, Asst. Public Defender, Tallahassee, for appellant.

James Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant was sentenced as a habitual felony offender. No court reporter was present during sentencing, however, the proceedings were recorded by audio tape recorder. The tape has been lost. Counsel and the trial court have been unable to prepare an adequate statement of the sentencing proceedings. See Fla.R.App.P. 9.200(b)(4). The appellee has filed an answer brief agreeing with appellant's position that...

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