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SCOTT v. STATE

No. 93-1644.

638 So.2d 119 (1994)

Howard T. SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 17, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant Howard T. Scott appeals his sentencing as an habitual felony offender.1 Scott signed a plea form that stated he "could" be sentenced as an habitual offender. He was not told specifically that he would be sentenced as an habitual offender. After he had entered his plea, the trial judge filed a notice that he would sentence Scott as an habitual offender if that determination was made at his sentencing hearing...

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