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CALLOWAY v. STATE

No. 97-2004.

718 So.2d 268 (1998)

George CALLOWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 4, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley and Belle B. Turner, Assistant Attorneys General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Calloway appeals his sentence imposed after he pled no contest to one count of burglary of an occupied structure.1 The judge sentenced Calloway to ten years as an habitual offender. His main point on appeal is that the court erred in imposing an habitual offender sentence because it employed the pre-1993 criteria and ignored the additional requirement that one of the qualifying prior offenses not be for drug possession...

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