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HARVEY v. STATE

No. 97-00868.

712 So.2d 796 (1998)

Jose HARVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 26, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John S. Lynch, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Jose Harvey appeals the habitual offender sentence he received in case number 91-541 for his violation of community control. We agree that the sentence is improper and reverse.

In 1991, Harvey pleaded no contest to possession of cocaine and was sentenced to 364 days in jail and 2 years of probation. The trial court did not sentence Harvey as a habitual offender at this time. Thereafter, Harvey violated his probation when he committed a burglary...

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