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BATTLE v. STATE

No. 96-04082.

710 So.2d 628 (1998)

James Earl BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 7, 1998.

Attorney(s) appearing for the Case

Loren D. Rhoton of Giordano, Sandler & Rhoton, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

FRANK, Judge.

Beginning in April of 1995 and extending into that year, James Earl Battle was charged with several crimes. In September of 1995, the State filed a notice that Battle would be treated as a habitual violent felony offender. A hearing was not held to determine whether Battle qualified for that result and the trial court did not make findings to support such status. Thereafter, Battle entered guilty pleas in two pending criminal proceedings and ultimately...

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