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HOUSER v. STATE

No. 94-2360.

666 So.2d 158 (1995)

Steven HOUSER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 19, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Daisy G. Clements, Assistant Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for appellee.

THOMPSON, Judge.

In this Anders appeal,1 Steven Houser was convicted of sale of cocaine (count one) and possession of cocaine with intent to sell (count two). Houser was adjudicated a habitual felony offender for both convictions and received concurrent 12-year sentences. We conclude that it was error to adjudicate Houser as a habitual offender as to the possession offense, as that type of offense is excluded from consideration...

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