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McCRAY v. STATE

No. 90-00315.

573 So.2d 1056 (1991)

Douglas McCRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

Douglas McCray has appealed from his sentence for sale, delivery, or possession with intent to sell or deliver cocaine. The trial court classified McCray as a habitual offender and sentenced him to ten years imprisonment. The habitual offender classification was erroneous, however, because both predicate offenses were committed on the same date and should have been treated as a single offense. Walker v. State, 567 So.2d 546

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