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FOUNTAIN v. STATE

No. 92-3420.

626 So.2d 1119 (1993)

Barbara Cooper FOUNTAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 1, 1993.

Attorney(s) appearing for the Case

Robert E. Stone of Sullivan, Stone, Sullivan, LaJoie & Thacker, Fort Pierce, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant challenges an order denying her motion for post-conviction relief in which she claimed that her sentence was unlawful because she did not receive notice of the state's intent to habitualize prior to her change of plea. We reverse and remand for the trial court to conduct a hearing as to whether the dual requirements of Ashley v. State, 614 So.2d 486 (Fla. 1993), were complied with prior to appellant...

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