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ARCHIBALD v. STATE

No. 94-130.

646 So.2d 298 (1994)

William ARCHIBALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 16, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

On this appeal, the defendant maintains that the court erred in reclassifying his conviction for aggravated battery with a deadly weapon while wearing a mask (Count II) from a second degree felony to a first degree felony and then imposing a life sentence as a violent habitual offender. §§ 775.084, 775.0845, 784.045(1)(a)2, (2), (1993).

As authority, the defendant cites Spicer v. State, 615 So.2d 725

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