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FRESHMAN v. STATE

No. 98-3920.

730 So.2d 351 (1999)

Glenn Donald FRESHMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1999.

Attorney(s) appearing for the Case

Glenn Donald Freshman, Opa-locka, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

Glenn Donald Freshman challenges the trial court's rejection of his claim raised pursuant to Florida Rule of Criminal Procedure 3.800 that his habitual offender sentence is illegal. We agree that there is error, and reverse.

The order declaring Freshman a habitual offender shows that Freshman's predicate offenses were out-of-state convictions. Freshman was within the "window period", as outlined in Baxter v. State, 616 So...

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