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McFADDEN v. STATE

No. 4D99-4320.

773 So.2d 1237 (2000)

James McFADDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 2001.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jennifer Brooks, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

On November 12, 1996, James McFadden was sentenced to two years probation and designated as an habitual offender as part of a plea agreement in exchange for his guilty plea to the charge of robbery with a firearm. The sentence was well within the range permitted by the sentencing guidelines and did not constitute an habitual offender sentence. See King v. State, 681 So.2d 1136, 1138-39 (Fla.1996).

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