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TERRY v. STATE

No. 5D00-794.

778 So.2d 435 (2001)

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

District Court of Appeal of Florida, Fifth District.

February 9, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, R.B., J.

Appellant, James Terry, challenges the habitual offender sentence imposed on him following his violation of probation. We find no error and affirm.

Pursuant to a plea agreement with the State, Terry pled guilty to aggravated battery and was sentenced as an habitual offender to fifty-four (54) months in prison followed by a term of probation. Terry's plea agreement contemplated that the court could, at its discretion, sentence him as an habitual...

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