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RHODES v. STATE

No. 96-4426.

704 So.2d 1080 (1997)

James Lavyon RHODES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 5, 1998.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.

PADOVANO, Judge.

The defendant, James Rhodes, entered a plea of nolo contendere to charges of burglary of a dwelling and grand theft, and he was sentenced on each charge as a habitual felony offender. In this direct appeal, the defendant presents two arguments for reversal: (1) the trial court failed to inform him that habitual offenders are ineligible for gain time or control release; and (2) the trial court erred in using a subsequent felony offense as a predicate...

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