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SMITH v. MOORE

No. 1D00-2323.

782 So.2d 955 (2001)

Thenious SMITH, Appellant, v. Michael W. MOORE, Appellee.

District Court of Appeal of Florida, First District.

April 10, 2001.

Attorney(s) appearing for the Case

Thenious Smith, Appellant, pro se.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Attorneys, Tallahassee, for Appellee.

LEWIS, J.

Appellant seeks review of the denial of a Petition for Writ of Habeas Corpus in the Circuit Court. We AFFIRM.

On September 21, 1994, Appellant was sentenced as a habitual felony offender to serve 25 years of imprisonment for armed robbery. He filed a direct appeal on the issues of his right to be present at sentencing (after waiving his presence at hearing) and on the effect of comments made at hearing concerning his absence from the

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