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SMITH v. STATE

No. 91-2431.

613 So.2d 617 (1993)

Andre SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 2, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant's conviction is affirmed because it appears that appellant was aware of the risks involved in rejecting the plea offer prior to the prosecutor withdrawing that offer. See Bordenkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978). Appellant's habitual violent felony offender sentence is affirmed under the authority of Ross v. State, 601 So.2d 1190

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