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NELSON v. STATE

No. 97-3435.

719 So.2d 1230 (1998)

Brenda Lee NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 5, 1998.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

GENERAL DIVISION EN BANC

ALLEN, Judge.

Based upon an argument first presented in this direct criminal appeal, the appellant challenges her habitual felony offender sentence for felony petit theft. Although the term of the sentence does not exceed the non-habitual statutory maximum for the offense, we nevertheless conclude, in accordance with State v. Mancino, 714 So.2d 429, 23 Fla. L. Weekly S301 (Fla.1998), that...

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