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MERRIMAN v. STATE

No. 95-734.

671 So.2d 879 (1996)

Danny Ray MERRIMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Ivy Ginsberg Shanock, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sylvie Perez Posner, Assistant Attorney General, Hollywood, for appellee.

Before JORGENSON, COPE and LEVY, JJ.

PER CURIAM.

We affirm defendant's conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court's subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim...

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