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ALLEN v. STATE

No. 94-1151.

654 So.2d 1027 (1995)

Robert Lee ALLEN, Jr. Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 16, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Robert Lee Allen, Jr. appeals an order of the trial court sentencing him as a habitual violent felony offender on the basis of a single predicate offense. § 775.084, Fla. Stat. (1993). Appellant was on community control for one count of attempted sexual battery where adjudication was withheld when he was charged with armed robbery and uttering a forged instrument. Appellant argues that since he was not on probation, as specified in subsection 775...

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