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HOLLOWAY v. STATE

No. 93-01620.

647 So.2d 293 (1994)

Russell Wayne HOLLOWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 14, 1994.

Attorney(s) appearing for the Case

Domingo G. Alvarez, III, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.

BLUE, Judge.

Russell Wayne Holloway appeals his conviction and the habitual offender sentence imposed for possession of contraband in prison. He argues that his sentence was erroneous because the habitual offender statute does not apply to him, citing Jeffries v. State, 610 So.2d 440 (Fla. 1992). We agree.

On December 8, 1982, Holloway was sentenced to a 45-year prison sentence. While serving this sentence, he was...

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