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TIPPINS v. STATE

No. 5D00-601.

780 So.2d 147 (2000)

Willie C. TIPPINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 28, 2001.

Attorney(s) appearing for the Case

Willie C. Tippins, Okeechobee, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Willie C. Tippins appeals the denial of his motion for post-conviction relief pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure.

Tippins was convicted of trafficking in cocaine in violation of section 893.135(1)(b)1.b., Florida Statutes. He was sentenced as a habitual felony offender, although section 893.135(1)(b)1.b. provides that the offender "shall be sentenced pursuant to the sentencing guidelines." Tippins' sentence is illegal...

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