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PEREZ v. STATE

No. 94-1457.

647 So.2d 1007 (1994)

Ricardo PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 21, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Doquyen T. Nguyen, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

Ricardo Perez appeals his habitual felony offender classification and resultant thirty-five year incarceration sentence for cocaine possession, arguing that this sentence is contrary to section 775.084(1)(a)3., Florida Statutes (1993). We agree.

In November, 1993, Perez was charged with cocaine possession. In February of 1994, Perez was also separately charged with burglary and petit theft. A plea hearing...

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