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BARBER v. STATE

No. 96-1309.

699 So.2d 325 (1997)

Darren BARBER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 24, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Craig J. Trocino, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before NESBITT, COPE and FLETCHER, JJ.

PER CURIAM.

Darren Barber appeals his habitual felony offender classification and resultant enhanced sentence for possession of cocaine with intent to sell, arguing that Section 775.084(1)(a)3, Florida Statutes (1995), does not permit such classification for this crime. We agree.

In May 1996, Barber was charged with and convicted of the following offenses: (1) sale of cocaine and (2) possession of cocaine with intent to sell or distribute. The court below...

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