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BARTHER v. STATE

No. 95-0982.

674 So.2d 887 (1996)

Marion K. BARTHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 29, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michelle A. Konig, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

GUNTHER, Chief Judge.

We grant the State's motion for rehearing, withdraw our opinion in this matter filed April 3, 1996, and substitute the following:

Because of appellant's guilty plea, we find we lack jurisdiction to review the issue of appellant's classification as a violent habitual offender, and must dismiss this appeal. We observe, however, that inasmuch as appellant was allowed to believe he could reserve the...

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