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RUTH v. STATE

No. 89-02723.

574 So.2d 225 (1991)

Stephen RUTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 25, 1991.

Attorney(s) appearing for the Case

B. Robert Ohle, St. Petersburg, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Stephen Ruth appeals his conviction and sentence for trafficking in cannabis. § 893.135(1)(a), Fla. Stat. (1987). The trial court sentenced him to sixty years' imprisonment as a habitual offender. We reverse the conviction and sentence and remand for a new hearing to determine whether Mr. Ruth is entitled either to specifically enforce his plea agreement or to withdraw his plea. In the event that the trial court considers the habitual offender...

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