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PATTEN v. STATE

No. SC95950.

762 So.2d 506 (2000)

Perry PATTEN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied August 28, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Noel A. Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Belle B. Schumann, Kristen L. Davenport, and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, Florida, for Respondent.

PER CURIAM.

We have for review the decision in Patten v. State, 733 So.2d 1159 (Fla. 5th DCA 1999), in which the district court affirmed the lower court's decision (interpreting the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997)(the "Act") to be a mandatory sentencing provision). In so doing, the Fifth District relied on Woods v. State, 740 So.2d 20 ...

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