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HARDWICK v. STATE

No. 95-01255.

677 So.2d 958 (1996)

Otis Lee HARDWICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1996.

Attorney(s) appearing for the Case

Richard Escobar, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

The appellant, Otis Lee Hardwick, challenges the habitual violent felony offender sentence1 imposed following his jury conviction for robbery with a firearm.2 We agree with the appellant's argument that at sentencing the state failed to prove that he committed the robbery within five years of his release from prison for the enumerated felony necessary to qualify the appellant as a habitual violent...

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