POWELL v. STATE

No. 1D00-452.

774 So.2d 869 (2000)

Leotis POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 29, 2000.


Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


OPINION ON MOTION FOR REHEARING

PER CURIAM.

Based upon the State's motion for rehearing or clarification, we withdraw our previous opinion and substitute the following opinion. Leotis Powell appeals an order summarily denying his motion for postconviction relief, arguing that the trial court erred in habitualizing him upon revocation of probation because he had not been originally sentenced as a habitual offender...

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