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MASSEY v. STATE

No. 90-1043.

589 So.2d 336 (1991)

James MASSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 31, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING EN BANC

GRIFFIN, Judge.

We grant the state's motion for rehearing, withdraw our prior opinion and substitute the following opinion in its stead.

Appellant seeks reversal of his sentences as a habitual violent felony offender, contending that written notice of the state's intention to seek enhancement was not served upon him as required by section 775.084(3)(b), Florida Statutes.1 For the reason...

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