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HAYNES v. STATE

No. 2D99-2511.

765 So.2d 928 (2000)

Timothy HAYNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 25, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Timothy Haynes appeals his habitual offender sentence for trafficking in 200 or more grams, but less than 400 grams, of cocaine, in violation of section 893.135(1)(b)(1)(b), Florida Statutes (1997). We reverse Haynes' habitual offender sentence and remand for resentencing.

Although Haynes and the State agreed to the habitual offender sentence in a plea agreement, Haynes argues for the first time on...

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