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DANIELS v. STATE

No. 95-2655.

684 So.2d 341 (1996)

Fred DANIELS, III, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven Groves, Assistant Attorney General, for appellee.

Before COPE, GODERICH and SHEVIN, JJ.

PER CURIAM.

We affirm Daniels' convictions. Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988). However, we reverse Daniels' sentences, finding that he was improperly sentenced as a habitual violent felony offender. As the state correctly concedes, Daniels was no longer serving probation on case number 88-16647-B, in which adjudication was withheld, when he committed the charged offenses. Thus, Daniels lacks the requisite...

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