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McGRIFF v. STATE

No. 90-2650.

582 So.2d 90 (1991)

Willard McGRIFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

As Modified on Grant of Motion for Clarification August 6, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn W. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Reversed and remanded for resentencing. We agree with appellant that the trial court erred in applying the amended version of the habitual offender statute since appellant's alleged offense took place before the amendment. Our reversal is without prejudice to the trial court's reconsideration of the habitual offender issue upon appropriate notice and hearing.

ANSTEAD and WARNER, JJ., and STEVENSON, W. MATTHEW, Associate...

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