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DAIUTO v. STATE

No. 98-2680.

734 So.2d 602 (1999)

Robert DAIUTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Robert Daiuto appeals from the habitual offender sentence imposed following his violation of probation in case number 92-1371-CF. We reverse and remand for resentencing. See Norton v. State, 719 So.2d 985 (Fla. 5th DCA 1998) ("Because Norton was not sentenced as a habitual offender initially, he cannot be sentenced as such after revocation of probation."); see also King v. State, 681 So...

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