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BLACKWELL v. STATE

No. 93-2401.

638 So.2d 119 (1994)

Richard BLACKWELL, 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 M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant Richard Blackwell appeals his sentencing as an habitual felony offender.1 Blackwell signed a plea form that stated he "could" be sentenced as an habitual offender for the offense of sale or delivery of cocaine.2 Later, the trial judge filed a notice that Blackwell would be sentenced as an habitual offender. Blackwell moved to strike the notice. The motion was denied and Blackwell was sentenced...

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