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BARTLEY v. STATE

No. 94-3273.

657 So.2d 1272 (1995)

Ervin Alphonso BARTLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 19, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Carol Ann Turner, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant challenges his habitual offender sentence on the ground that the trial court erred in not granting appellant's motion for an evidentiary hearing on the question of whether the habitual felony offender statute, section 775.084, Florida Statutes (1991), is applied in a racially disparate manner.

In Pittman v. State, 633 So.2d 1125 (Fla. 1st DCA 1994), rev. denied, 642 So.2d 747 (Fla. 1994...

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