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DELEVAUX v. STATE

No. 3D99-1939.

762 So.2d 1062 (2000)

Eugene DELEVAUX, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 2, 2000.

Attorney(s) appearing for the Case

Eugene Delevaux, in proper person.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.

Before COPE, SHEVIN and SORONDO, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

We grant rehearing and withdraw the opinion filed February 23, 2000. As the state properly concedes, the trial court improperly sentenced defendant as an habitual violent felony offender based on the predicate offense of strong-arm robbery. The record reveals that the court withheld adjudication on that offense and sentenced defendant to probation. Defendant committed the present crime after termination of probation...

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