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OSBORNE v. STATE

No. 4D98-1706.

766 So.2d 286 (2000)

James OSBORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 16, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dominique T. Suite-Brown, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant, James Osborne, was convicted of burglary of a dwelling. The crime occurred on February 5, 1997. Appellant was sentenced as a violent career criminal pursuant to section 775.084(1)(c), Florida Statutes (1995). That portion of the sentencing statute was created by Chapter 95-182, Laws of Florida.

The supreme court has recently held that Chapter 95-182 was "unconstitutional as violative of the...

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