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HARRISON v. STATE

No. 90-2570.

585 So.2d 393 (1991)

Bobby Keith HARRISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 17, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Bobby Keith Harrison appeals his judgment and sentence imposed pursuant to the Habitual Offender Act under section 775.084(1)(a), Florida Statutes (1989). We affirm the judgment but vacate the sentence and remand for resentencing.

On January 25, 1988, Harrison was placed on probation with adjudication of guilt withheld for burglary of a dwelling and grand theft, second-degree and third-degree felonies...

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