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RUSSELL v. STATE

No. 93-00439.

627 So.2d 576 (1993)

William L. RUSSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 1, 1993.

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 Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

William Russell challenges his sentence as a habitual offender, raising four points on appeal. We agree with his first contention that the trial court's refusal to allow him gain time conflicted with our mandate in a previous appearance of this case on appeal. Because we reverse based on this first issue, it is unnecessary for us to address Russell's other points.

When this case first appeared before...

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