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DAVIS v. STATE

No. 96-01685.

700 So.2d 93 (1997)

Russell DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 3, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

FRANK, Judge.

Russell Davis appeals from his judgment and sentence for armed burglary and grand theft entered following his no contest plea. We reverse. The trial court failed to advise Davis of the consequences of a habitual offender sentence prior to accepting his plea. See Ashley v. State, 614 So.2d 486 (Fla.1993).

Accordingly, we reverse the judgment and sentence. On remand, Davis must be allowed to withdraw his...

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