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EVERSOLE v. STATE

No. 94-551.

651 So.2d 240 (1995)

Richard EVERSOLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 3, 1995.

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 Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Eversole appeals from his sentence after he pled no contest to one count of sexual battery and violation of probation on an unrelated charge. The state did not file notice it would seek imposition of an habitual offender sentence pursuant to section 775.084, Florida Statutes (1993). After the trial judge accepted Eversole's plea, the judge served notice he would conduct a hearing to determine whether or...

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