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SMITH v. STATE

No. 5D99-772.

753 So.2d 703 (2000)

James K. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 17, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, J.

Smith appeals from his judgment and sentence for armed robbery,1 for which he received enhanced punishment (a thirty-year term in prison) under section 775.082(8), Florida Statutes (1997). He argues on appeal that the state failed to prove that he was a "prison releasee reoffender" for purposes of enhanced punishment, pursuant to that section. We affirm, but we certify conflict and...

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